DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,804

BORLAND SOFTWARE
A DIVISION OF MICRO FOCUS
WORLDWIDE REVENUE DEPARTMENT
AUSTIN, TEXAS

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 November 9, 2009 on behalf of workers of Borland
Software, a Division of Micro Focus, Worldwide Revenue
Department, Austin, Texas (Borland Software). The workers
performed financial services within the company. The worker
group includes off-site workers who the subject firm considers
to be part of Borland Software, a Division of Micro Focus,
Worldwide Revenue Department, Austin, Texas.
The investigation revealed that workers of Borland
Software, who are engaged in employment related to the supply
of financial services, meet the criteria for certification.
Criterion I has been met because a significant proportion
or number of workers at Borland Software has been totally or
partially separated during the relevant period.
Criterion II has been met because Borland Software shifted
to a foreign country the supply of services like or directly
competitive with the financial services provided by the worker
group.
Criterion III has been met because the shift in services
contributed importantly to worker separations at the Austin,
Texas facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Borland Software,
Austin, Texas, who are engaged in employment related to the
supply of financial services, 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 Borland Software, a Division of Micro
Focus, Worldwide Revenue Department, Austin, Texas, who
became totally or partially separated from employment on or
after November 5, 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 26th day of March, 2010

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