DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-55,612

TALLY GENICOM, LP
WAYNESBORO, VIRGINIA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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 investigation was initiated on September 15, 2004 in
response to a petition filed by a company official on behalf of
workers of TallyGenicom, LP, Waynesboro, Virginia. The workers
are engaged in employment related to the sales of industrial
printers produced abroad. Some minor repair and customization
work is also done at the site.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the
worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article domestically
and there must be a relationship between the workers' work and
the article produced by the workers' firm or appropriate
subdivision. The investigation revealed that although
production of an article occurred within the parent firm, it was
at a Mexican plant. Thus the personnel of TallyGenicom, LP
described above do not support domestic production, and can not
be considered import impacted or affected by a shift in
production of an article.
In addition, in accordance with Section 246 the Trade Act
of 1974 (26 USC 2813), as amended, the Department of Labor
herein presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers of
TallyGenicom, LP, Waynesboro, Virginia are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance (ATAA) under Section 246
of the Trade Act of 1974.
Signed in Washington, D.C., this 5th day of October, 2004.

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