DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,080

SANDISK CORPORATION
FLASH MEMORY GROUP
SUNNYVALE, CALIFORNIA

Negative Determinations 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 November 24, 2004, in
response to a petition filed by a company official on behalf of
workers of SanDisk Corporation, Flash Memory group, Sunnyvale,
California. The workers provide customer service, buying/planning,
engineering, and production management services.
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 the customer and
administrative support services workers described above, support
production of an article(s) within the firm or appropriate
subdivision, the production does not occur within the United
States. Thus, the worker group cannot 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 of the facts obtained in this
investigation, I determine that workers of SanDisk Corporation,
Flash Memory group, Sunnyvale, California engaged in customer
service, buying/planning, engineering, and production management
activities 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 under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 20th day of December 2004.


/s/ Linda G. Poole

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