DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-65,265

ADVANCED ENERGY INDUSTRIES, INC.
AUSTIN, TEXAS

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
This investigation was initiated on February 17, 2009 in
response to a petition filed by a company official on behalf of
workers of Advanced Energy Industries, Inc., Austin, Texas. The
workers are engaged in sales and service and operational support
activities. Specifically, workers travel to client-sites to repair
and maintain products purchased from the subject firm.
This investigation also revealed that criteria (a)(2)(A)(I.A)
and (a)(2)(B)(II.A) have not been met.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or proportion
of workers as required by Section 222 of the Trade Act of 1974.
Significant number or proportion of the workers in a firm or
appropriate subdivision means at least three workers in a workforce
of fewer than 50 workers, five percent of the workers in a
workforce of over 50 workers, or at least 50 workers.
Employment at the Austin, Texas facility did not decrease
significantly in the previous year and a threat of separation is
not imminent.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Advanced Energy
Industries, Inc., Austin, Texas are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and are also denied eligibility to apply for alternative trade
adjustment assistance.
Signed in Washington, D.C., this 6th day of March 2009

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance