DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,347

IMATION, CORP.
STAFFING/HUMAN RESOURCES DEPARTMENT
OAKDALE, MINNESOTA

TA-W-41,347A

IMATION, CORP.
INFORMATION MANAGEMENT SYSTEMS DEPARTMENT
OAKDALE, MINNESOTA

TA-W-41,347B

IMATION, CORP.
COLOR SYSTEMS RESEARCH AND DEVELOPMENT LAB
OAKDALE, MINNESOTA

Negative Determinations Regarding Eligibility
To Apply for NAFTA-Transitional 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
eligibility to apply for worker adjustment assistance.
The investigation was initiated on April 15, 2002 in response
to a petition filed on behalf of workers at Imation, Corp.,
Staffing/Human Resources Department, Oakdale, Minnesota (TA-W-
41,347), Imation, Corp., Information Management Systems Department,
Oakdale, Minnesota (TA-W-41,347A), and Imation, Corp., Color
Systems Research and Development Lab, Oakdale, Minnesota (TA-W-
41,347B). Workers at Imation, Corp., Staffing/Human Resources
Department, Oakdale, Minnesota (TA-W-41,347) provide human
resources/staffing services. Workers at Imation, Corp.,
Information Management Systems Department, Oakdale, Minnesota (TA-
W-41,347A) provide analyst services. Workers at Imation, Corp.,
Color Systems Research and Development Lab, Oakdale, Minnesota (TA-
W-41,347B) provide engineering services.
The investigation revealed that the workers of the subject
units did not produce an article within the meaning of Section
222(3) of the Trade Act, as amended. The Department of Labor has
consistently determined that the performance of services does not
constitute production of an article, as required by the Trade Act
of 1974, and this determination has been upheld in the U. S. Court
of Appeals.
Workers of the subject units 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 units in
Oakdale, Minnesota.
A petition for eligibility to apply for NAFTA-Transitional
Adjustment Assistance has been filed on behalf of workers at the
subject units (NAFTA-6025).


Conclusion
After careful review, I determine that all workers at Imation,
Corp., Staffing/Human Resources Department, Oakdale, Minnesota
(TA-W-41,347) engaged in human resources/staffing, Imation, Corp.,
Information Management Systems Department, Oakdale, Minnesota
(TA-W-41,347A) engaged in analysis, and Imation, Corp., Color
Systems Research and Development Lab, Oakdale, Minnesota
(TA-W-41,347B), engaged in engineering are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D. C. this 25th day of September, 2002

/s/ Linda G. Poole

__________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance