[Federal Register: May 13, 2008 (Volume 73, Number 93)]
[Notices]               
[Page 27562]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my08-81]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,661]

 
Agilent Technologies, Measurement Systems Division, Loveland, CO; 
Notice of Revised Determination on Reconsideration

    On April 17, 2008, the Department issued an Affirmative 
Determination Regarding Application on Reconsideration applicable to 
workers and former workers of the subject firm. The notice was 
published in the Federal Register on April 25, 2008 (73 FR 22433-
22434).
    The previous investigation was initiated on January 11, 2008 and 
resulted in a negative determination issued on March 13, 2008. The 
finding revealed that the worker separations at the subject firm were 
attributed to a shift in production of automated X-ray inspection 
system prototypes (including software code and hardware design 
functions) to Malaysia, a country that is not a party to a free trade 
agreement nor a beneficiary country with the United States. The subject 
firm did not import automated X-ray inspection system prototypes 
(including software code and hardware design functions) following the 
shift in production to a foreign source. The denial notice was 
published in the Federal Register on February 29, 2008 (73 FR 11153).
    The request for reconsideration alleges that Agilent Technologies 
may be in fact an importer of X-ray inspection systems and software.
    Upon further contact with company official, it was revealed that 
the subject firm manufactured only software products during the 
relevant period. Based on new information it has been determined that 
the subject firm workers were impacted by a shift in production of 
software to Malaysia during the relevant period. The investigation also 
revealed that the firm recently increased their imports of software 
from Malaysia.
    In accordance with Section 246 of the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department of Labor herein presents the results 
of its investigation regarding certification of eligibility to apply 
for alternative trade adjustment assistance (ATAA) for older workers.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the group eligibility requirements of Section 246 of 
the Trade Act must be met. The Department has determined in this case 
that the requirements of Section 246 have been met.
    A significant number of workers at the firm are age 50 or over and 
possess skills that are not easily transferable. Competitive conditions 
within the industry are adverse.

Conclusion

    After careful review of the facts obtained in the investigation, I 
determine that there was a shift in production from the workers' firm 
or subdivision to Malaysia of articles that are like or directly 
competitive with those produced by the subject firm or subdivision, and 
there has been or is likely to be an increase in imports of like or 
directly competitive articles. In accordance with the provisions of the 
Act, I make the following certification:

    ``All workers of Agilent Technologies, Measurement Systems 
Division, Loveland, Colorado, who became totally or partially 
separated from employment on or after January 10, 2007, through two 
years from the date of this certification, are eligible to apply for 
adjustment assistance under Section 223 of the Trade Act of 1974, 
and are also eligible to apply for alternative trade adjustment 
assistance under Section 246 of the Trade Act of 1974.''

    Signed in Washington, DC, this 6th day of May 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-10589 Filed 5-12-08; 8:45 am]

BILLING CODE 4510-FN-P