[Federal Register: June 21, 2002 (Volume 67, Number 120)]
[Notices]               
[Page 42286]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn02-111]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-40,234]

 
Agere Systems, Orlando, FL; Notice of Negative Determination 
Regarding Application for Reconsideration

    By application received April 25, 2002, the International 
Brotherhood of Electrical Workers (IBEW), Local Union 2000, requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA). The 
denial notice was signed on March 11, 2002 and published in the Federal 
Register on March 29, 2002 (67 FR 15225).
    Pursuant to 29 CFR 90.18(c) reconsideration may be granted under 
the following circumstances:
    (1) If it appears on the basis of facts not previously considered 
that the determination complained of was erroneous;
    (2) if it appears that the determination complained of was based on 
a mistake in the determination of facts not previously considered; or
    (3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The TAA petition filed on behalf of workers at Agere Systems, 
Orlando, Florida engaged in the production of wafers for integrated 
circuits, was denied because the ``contributed importantly'' group 
eligibility requirement of Section 222(3) of the Trade Act of 1974, as 
amended, was not met. The subject firm did not import wafers. The 
subject firm primarily produced wafers for export.
    The IBEW requests administrative reconsideration based on the fact 
that the wafers produced by the subject plant are shipped to foreign 
sources, then produced into computer chips and a portion of those 
foreign produced computer chips are then imported back to the United 
States
    Imports ``like or directly competitive'' with what the subject 
plant produced must ``contribute importantly'' to the layoffs at the 
subject firm. Therefore, the scenario as presented by the petitioner 
relating to the subject plant's wafer production being exported to 
Asia, produced into computer chips and then imported back to the United 
States does not meet the eligibility requirements of the Trade Act of 
1974. The product produced by the subject firm, a wafer (which includes 
the circuit) is not ``like or directly competitive'' with a finished 
integrated circuit, such as a computer chip.
    The IBEW further indicates that the subject plant produced the same 
product as TAA certified plants at Agere Systems, Integrated Circuits, 
Reading, Pennsylvania (TA-W-39,437) and the Integrated Circuits 
Division, Allentown, Pennsylvania (TA-W-39,449).
    A review and further clarification from the company shows that a 
meaningful portion of the products produced at the Pennsylvania plants 
were finished integrated circuits, not the wafers (with circuits) as 
produced by the subject plant. The Pennsylvania plants served a 
different customer base than the subject plant. The wafers (with 
circuits) are not like or directly competitive with the finished 
products produced at the Pennsylvania facilities. The subject plant's 
wafer production is not integrated into the TAA certified Pennsylvania 
plants' production. Therefore, the ``contributed importantly'' 
criterion is not met.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or misinterpretation of the law 
or of the facts which would justify reconsideration of the Department 
of Labor's prior decisions. Accordingly, the application is denied.

    Signed at Washington, DC, this 6th day of June, 2002.
Edward A. Tomchick
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-15746 Filed 6-20-02; 8:45 am]
BILLING CODE 4510-30-P