Denied
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TAW-38595  /  Magnetic Data Technologie (Eden Prairie, MN)

Petitioner Type: Workers
Impact Date:
Filed Date: 01/29/2001
Most Recent Update: 03/29/2001
Determination Date: 03/29/2001
Expiration Date:


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,595
MAGNETIC DATA TECHNOLOGIES, LLC
EDEN PRAIRIE, MINNESOTA

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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
eligibility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on January 29, 2001, and filed on behalf of workers and
former workers at Magnetic Data Technologies LLC, Eden Prairie,
Minnesota. The workers provided repair and refurbishing services
of electronic equipment for the customers.
The investigation revealed that the workers of Magnetic Data
Technologies LLC, Eden Prairie, Minnesota, do not produce an
article within the meaning of Section 222(3) of the Act. The
Department of Labor has consistently determined that the perfor-

mance 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 firm 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
Magnetic Data Technologies LLC, Eden Prairie, Minnesota, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 29th day of March, 2001
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance