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TAW-55607  /  Creo Americas, Inc. (Billerica, MA)

Petitioner Type: Workers
Impact Date: 09/07/2003
Filed Date: 09/15/2004
Most Recent Update: 10/20/2004
Determination Date: 10/20/2004
Expiration Date: 04/05/2007

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,607
CREO AMERICAS, INC.
U.S. HEADQUARTERS
A SUBSIDIARY OF CREO, INC.
BILLERICA, MASSACHUSETTS

INCLUDING EMPLOYEES OF CREO AMERICAS, INC.,
U.S. HEADQUARTERS
A SUBSIDIARY OF CREO, INC.
BILLERICA, MASSACHUSETTS

TA-W-55,607A
LOCATED IN NEW YORK, NEW YORK

TA-W-55,607B
LOCATED IN HIGHLAND LAKES, NEW JERSEY


Amended Notice of Revised Determination
On Remand

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) the Department of Labor issued a Revised Determination
on Remand on April 5, 2005, applicable to workers of Creo
Americas, Inc., U.S. Headquarters, a subsidiary of Creo, Inc.,
Billerica, Massachusetts. The notice was published in the
Federal Register on April 25, 2005 (70 FR 21247).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information shows that a worker separation occurred involving an
employee of the Billerica, Massachusetts facility of Creo
Americas, Inc., U.S. Headquarters, a subsidiary of Creo, Inc.,
located in Highland Lakes, New Jersey. Mr. Jeffrey Blank
provided customer service support for the production of
professional imaging and software production at the West Virginia
and Washington states facilities of the subject firm.
Based on these findings, the Department is amending this
certification to include an employee of the Billerica,
Massachusetts facility of Creo Americas, Inc., U.S. Headquarters,
a subsidiary if Creo, Inc. located in Highland Lakes, New Jersey.
The intent of the Department’s certification is to include
all workers of Creo Americas, Inc., U.S. Headquarters, a
subsidiary of Creo, Inc., Billerica, Massachusetts who were adversely affected
by a shift in production to Canada.


The amended notice applicable to TA-W-55,607 is hereby
issued as follows:
"All workers of Creo Americas, Inc., U.S. Headquarters,
a subsidiary of Creo, Inc., Billerica, Massachusetts
(TA-W-55,607), including employees of Creo Americas,
Inc., U.S. Headquarters, a subsidiary of Creo, Inc.,
Billerica, Massachusetts, located in New York, New York
(TA-W-55,607A) and located in Highland Lakes, New
Jersey (TA-W-55,607B), who became totally or partially
separated from employment on or after September 7,
2003, through April 5, 2007, are eligible to apply for
adjustment assistance under Section 223 of the Trade
Act of 1974.”
Signed at Washington, D.C. this 14th day of February 2006.

/s/ Elliott S. Kushner

_______
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,607

CREO AMERICAS, INC.
U.S. HEADQUARTERS
A SUBSIDIARY OF CREO, INC.
BILLERICA, MASSACHUSETTS

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such workers’
separation or threat of separation and to the decline in
sales or production of such firm or subdivision; or



II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on September 15, 2004 in
response to a petition filed by a company official on behalf of
workers of Creo Americas, Inc., a subsidiary of Creo, Inc.,
Billerica, Massachusetts. The workers of the subject facility
provide administrative, human resource, legal, marketing, and field
sales services. This work is in support of Creo’s professional
imaging and software production facilities located elsewhere, as
well as a small ink-jet pen production area located on-site.
The investigation revealed that criteria (a)(2)(A)(I.C)
and(a)(2)(B)(II. B) have not been met.
The predominant cause of separations at the Billerica facility
is the consolidation of administrative and support functions to the
subject firm’s corporate headquarters in Canada.
Furthermore the subject facility provided support for all of
Creo’s products, including those manufactured abroad and at the
subject firm’s two other domestic production facilities located in
West Virginia and Washington state. The West Virginia facility is
currently experiencing growth, while the Washington facility was
not of sufficient size to contribute importantly to separations at
the subject facility.
Ink-jet pen production remains on-site. The pens are a
component part specific to Creo’s professional printing products
and are not available to customers from other manufacturers.
Conclusion
After careful review, I determine that all workers of Creo
Americas, Inc., U.S. Headquarters, a subsidiary of Creo, Inc.,
Billerica, Massachusetts are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 20th day of October 2004.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance