DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,091

CML INNOVATIVE TECHNOLOGIES
HACKENSACK, NEW JERSEY

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 August 20, 2009 by a New Jersey State Workforce
Coordinator on behalf of workers of CML Innovative
Technologies, Hackensack, New Jersey. The workers produced
indicator LEDs and provision scopes for use in automobiles and
aircraft.
The investigation revealed that workers of CML Innovative
Technologies, Hackensack, New Jersey who are engaged in
employment related to the production of indicator LEDs and
provision scopes meet the criteria for certification.
Criterion I has been met because at least five percent of
the workers have become separated, or are threatened with
separation, during the relevant period.
Criterion II has been satisfied because CML Innovative
Technologies has shifted to a foreign country the production
of articles like or directly competitive with those produced
by the workers.
Criterion III has been met because the shift of indicator
LEDs and provision scopes to Costa Rica by CML Innovative
Technologies contributed importantly to worker group
separations at CML Innovative Technologies.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of CML Innovative
Technologies, Hackensack, New Jersey, who are engaged in
employment related to the production of indicator LEDs and
provision scopes 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 CML Innovative Technologies, Hackensack,
New Jersey, who became totally or partially separated from
employment on or after August 19, 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 10th day of September, 2009.

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