Certified
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TAW-71500  /  Datamax - O'Neil Corporation (Irvine, CA)

Petitioner Type: Workers
Impact Date: 06/23/2008
Filed Date: 07/01/2009
Most Recent Update: 07/22/2009
Determination Date: 07/22/2009
Expiration Date: 07/22/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,500

DATAMAX - O'NEIL CORPORATION
INCLUDING ON-SITE LEASTED WORKERS OF KIMCO AND STAFFSOURCE
IRVINE, 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 July 1, 2009 on behalf of workers of Datamax-O'Neil
Corporation, Irvine, California. The workers produce portable
printers.
The investigation revealed that the worker group includes
on-site leased workers of Kimco and Staffsource.
The investigation revealed that workers of Datamax-O'Neil
Corporation who are engaged in employment related to portable
printers meet the criteria for certification.
Criterion I has been met because a significant number and
portion of workers have been separated and further separations
are planned.
Criterion II has been satisfied because the workers' firm
is acquiring from a foreign country articles like or directly
competitive with the articles produced by workers at the
Irvine facility.
Criterion III has been met because the acquisition of
portable printers from Mexico by Datamax-O'Neil Corporation
contributed importantly to worker group separations at
Datamax-O'Neil Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Datamax-O'Neil
Corporation, including on-site leased workers of Kimco and
Staffsource, Irvine, California, who are engaged in employment
related to portable printers 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 Datamax-O'Neil Corporation, including on-
site leased workers of Kimco and Staffsource, Irvine,
California, who became totally or partially separated from
employment on or after June 23, 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 22nd day of July, 2009

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