DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,734

PURCHASINGNET, INC.
RESEARCH & DEVELOPMENT DIVISION AND
GENERAL & ADMINISTRATIVE DIVISION
A SUBSIDIARY OF ESW CAPITAL, LLC
RED BANK, 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 March 17, 2010 on behalf of workers of Purchasingnet,
Inc., Research & Development Division and General &
Administrative Division, a subsidiary of ESW Capital, LLC, Red
Bank, New Jersey (Purchasingnet Red Bank). The workers are
engaged in activities related to the development, marketing, and
supporting eProcurement and ePayables software services. The
workers are separately identifiable by services.
The investigation revealed that workers of Purchasingnet
Red Bank who are engaged in employment related to the
development, marketing, and supporting eProcurement and
ePayables software services meet the criteria for
certification.
Criterion I has been met because a significant proportion
of workers in the workers' firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in the development, marketing, and supporting
eProcurement and ePayables software services by Purchasingnet
Red Bank to the United Arab Emirates.
Criterion III has been met the shift in the development,
marketing, and supporting eProcurement and ePayables software
services by Purchasingnet Red Bank to the United Arab Emirates
contributed importantly to worker group separations at
Purchasingnet Red Bank.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Purchasingnet, Inc.,
Research & Development Division and General & Administrative
Division, a subsidiary of ESW Capital, LLC, Red Bank, New
Jersey, who are engaged in employment related to the
development, marketing, and supporting eProcurement and
ePayables software 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 Purchasingnet, Inc., Research &
Development Division and General & Administrative
Division, a subsidiary of ESW Capital, LLC, Red Bank, New
Jersey, who became totally or partially separated from
employment on or after March 16, 2010, 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 3rd day of August, 2010.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance