DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,734

NUKOTE INTERNATIONAL, INC.
ROCHESTER, NEW YORK


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 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 November 2, 2009 on behalf of the workers of Nukote
International, Inc., Rochester, New York. The workers were
engaged in employment related to the production of printer
cartridges and were not separately identifiable by product line.
The petitioners allege that the shift in production to
Mexico in 2007 and the increased production at the Mexican plant
(beginning in 2009) contributed importantly to the plant closure
and the worker separations at the Rochester, New York facility
(which began in May 2009).
The investigation revealed that workers of Nukote
International, Inc., Rochester, New York, who are engaged in
activities related to the production of printer cartridges, meet
the following criteria for certification.
Criterion I has been met because all workers at Nukote
International, Inc., Rochester, New York were totally
separated.
Criterion II has been met because Nukote International,
Inc. had shifted production of printer cartridges (or like or
directly competitive articles) to a foreign country.
Criterion III has been met because the shift in
production to Mexico contributed importantly to worker
separations at the Rochester, New York facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nukote International,
Inc., Rochester, New York, who are engaged in activities related
to the production of printer cartridges, 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 Nukote International, Inc., Rochester, New
York, who became totally or partially separated from
employment on or after October 30, 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 August, 2010

/s/ Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance