DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,179

AXIOM XCELL, INC.
SAN DIEGO, 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 December 29, 2009 on behalf of workers of C Axiom
xCell, Inc., San Diego, California. The workers are engaged in
activities related to the supply of mobile software development
and testing services.
The investigation revealed that workers of Axiom xCell,
Inc. who are engaged in activities related to the supply of
mobile software development and testing services meet the
criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers have been totally or partially
separated or threatened with separation.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country services like or directly
competitive with the services supplied by the workers.
Criterion III has been met because the acquisition of
mobile software development and testing services from the
Philippines by Axiom xCell, Inc. contributed importantly to
worker group separations at the subject firm.




Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Axiom xCell, Inc.,
San Diego, California, who are engaged in activities related to
the supply of mobile software development and testing 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 Axiom xCell, Inc., San Diego, California,
who became totally or partially separated from employment
on or after December 11, 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 6th day of April, 2010


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance