Certified
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TAW-73288  /  Eastman Kodak Company (Rochester, NY)

Petitioner Type: Company
Impact Date: 01/13/2009
Filed Date: 01/15/2010
Most Recent Update: 07/02/2010
Determination Date: 07/02/2010
Expiration Date: 07/02/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,288

EASTMAN KODAK COMPANY
ORGANIC LIGHT EMITTING DIODE DISPLAY BUSINESS DIVISION
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 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 January 15, 2010 by a company official on behalf of
workers of Eastman Kodak Company (Kodak), Organic Light
Emitting Diode (OLED) Display Business Division, Rochester,
New York. Workers supply research and development services in
support of the OLED Display Business Division at the
Rochester, New York facility.
The petitioner states that Kodak sold substantially all
of the business related with OLED display and lighting to a
company that is part of the LG Group in Korea, and that
research and development services will no longer take place at
the Kodak, Rochester, New York facility.
Based on the information provided by the petitioner and
the subject firm during the investigation, the Department
determines that, for purposes of the Trade Act only, the firm
consists of Eastman Kodak and LG Group.
The investigation revealed that workers of Eastman Kodak
Company, who supply research and development services in
support of the OLED Display Business Division at the
Rochester, New York facility, meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of workers at Kodak's OLED Display Business
Division in Rochester, New York, have been totally or
partially separated during the relevant period.
Criterion II has been met because the subject firm
shifted to a foreign country the supply of services like or
directly competitive with the research and development
services supplied by Kodak, OLED Display Business Division,
Rochester, New York.
Criterion III has been met because the shift of services
to South Korea has contributed importantly to worker group
separations at Kodak's Rochester, New York facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the workers of Eastman Kodak
Company, Organic Light Emitting Diode Display Business
Division, Rochester, New York, who are engaged in employment
related to the supply of research and development 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 Eastman Kodak Company, Organic Light
Emitting Diode Display Business Division, Rochester, New
York, who became totally or partially separated from
employment on or after January 13, 2009 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 trade
adjustment assistance under Chapter 2 of Title II of the
Trade Act of 1974, as amended."
Signed in Washington, D.C., this 2nd day of July, 2010

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