DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-65,267

ADVANCED ENERGY INDUSTRIES, INC.
SAN JOSE, CALIFORNIA

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., San Jose, California.
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.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision
that produces an article domestically, and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The workers involved
with post-production customer support and sales at the San Jose,
California facility did not support a firm that produces an article
domestically; thus the worker group cannot be considered import
impacted or affected by a shift in production of an article. 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., San Jose, California 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 4th day of March 2009


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance