DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,830

AMERIPHONE, INC.
A WHOLLY OWNED SUBSIDIARY OF PLANTRONICS, INC.
GARDEN GROVE, CALIFORNIA

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
eligibility to apply for worker adjustment assistance.
The investigation was initiated on July 15, 2002, in response
to a petition filed on behalf of workers of Ameriphone, Inc., a
wholly owned subsidiary of Plantronics, Inc., Garden Grove,
California. The affected workers provided administrative,
technical, sales and distribution services in support of products
for the hearing impaired and deaf communities.


The investigation revealed that the workers of the subject
firm 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 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 providing administrative,
technical, sales and distribution services at the subject firm.
Conclusion
After careful review, I determine that all workers at
Ameriphone, Inc., a wholly owned subsidiary of Plantronics, Inc.,
Garden Grove, California engaged in employment related to providing
administrative, technical, sales and distribution services, 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 September, 2002.


/s/ Linda G. Poole

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