DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,134

ZOMAX INCORPORATED
INCLUDING ON-SITE LEASED WORKERS OF WEST VALLEY
STAFFING GROUP
FREMONT, CALIFORNIA

Certification 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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated May 6, 2005 in response to a
petition filed by a state agency on behalf of workers at Zomax
Incorporated, Fremont, California. The workers were engaged in the
production of CDs and DVDs.
The investigation revealed that Zomax Incorporated, Fremont,
California also leased workers from West Valley Staffing Group,
Sunnyvale, California to produce CDs and DVDs.

The investigation revealed that employment at the subject
plant declined. The investigation further revealed that the
subject firm shifted production of CDs and DVDs to a country
(Canada) that is a party to a Free Trade Agreement with the United
States.
In addition, In order for the Department to issue a
certification of eligibility to apply for ATAA, the group
eligibility requirements of Section 246 of the Trade Act must be
met. The Department has determined in this case that the
requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers firm or subdivision to Canada of articles that are like
or directly competitive with those produced by the subject firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:







"All workers of at Zomax Incorporated, including on-site
leased workers of West Valley Staffing Group, Fremont,
California, who became totally or partially separated from
employment on or after April 27, 2004 through two years from
the date of certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 13th day of June 2005.


/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance