DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,244

ALIGN TECHNOLOGY, INC.
SALES DEPARTMENT, MARKETING, FINANCE, AND ACCOUNTING
INCLUDING ON-SITE LEASED WORKERS FROM ATR INTERNATIONAL, INC.,
AEROTEK, AND EXECUFORCE
SANTA CLARA, CALIFORNIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; or
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on May 21, 2009 by a company official on behalf of workers
of Align Technology, Inc., Sales, Marketing, Finance and
Accounting Departments, including on-site leased workers from
ATR International, Inc., Aerotek, and Execuforce, Santa Clara,
California. The workers in these departments are engaged in
activities related to customer care, event registration,
credit, collections, and accounts receivable.
The investigation revealed that workers of Align
Technology, Inc., Sales, Marketing, Finance and Accounting
Departments, Santa Clara, California who are engaged in
employment related to the above named functions meet the
criteria for certification.
Criterion I has been met because employment in the Sales,
Marketing, Finance and Accounting Departments at the subject
firm has declined significantly.
Criterion II has been satisfied because the workers' firm
has shifted to Costa Rica the supply of services like or
directly competitive with customer care, event registration,
credit, collections, and accounts receivable supplied by the
workers.
Criterion III has been met because the shift of services
to Costa Rica by Align Technology, Inc. contributed
importantly to worker group separations at the Santa Clara,
California, location.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Align Technology,
Inc., Sales, Marketing, Finance and Accounting Departments,
Santa Clara, California, who are engaged in employment related
to customer care, event registration, credit, collections, and
accounts receivable meet the worker group certification criteria
under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make
the following certification:


"All workers of Align Technology, Inc., Sales, Marketing,
Finance and Accounting Departments, including on-site
leased workers from ATR International, Inc., Aerotek, and
Execuforce, Santa Clara, California who became totally or
partially separated from employment on or after May 18,
2008, through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on date of certification through
two years from the date of certification, are eligible to
apply for adjustment assistance under Chapter 2 of Title II
of the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 13th day of July, 2009


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