DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,128

FUJITSU COMPUTER PRODUCTS OF AMERICA (F.C.P.A.)
CLEANROOM
HILLSBORO, OREGON

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on September 25, 2000, and filed on behalf of workers at
Fujitsu Computer Products of America (F.C.P.A.), Cleanroom,
Hillsboro, Oregon. The workers were engaged in activities related
to the repair of hard disk drives.
The investigation revealed that the petitioners of Fujitsu
Computer Products of America (F.C.P.A.), Cleanroom, Hillsboro,
Oregon did not produce an article within the meaning of Section
222(3) of the Act. The Department of Labor has consistently
determined that the performance of services does not constitute
production of an article, as required by Section 222 of the Trade
Act of 1974, and this determination has been upheld in the U.S.
Court of Appeals.
Workers of the subject facility may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm otherwise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject firm.
Conclusion
After careful review, I determine that all workers of Fujitsu
Computer Products of America (F.C.P.A.), Cleanroom, Hillsboro,
Oregon, are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 6th day of October, 2000
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance