[Federal Register Volume 59, Number 142 (Tuesday, July 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18097]


[[Page Unknown]]

[Federal Register: July 26, 1994]


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DEPARTMENT OF LABOR
[TA-W-29,496]

 

Electronix Servicenter, Irving, TX; Notice of Negative 
Determination Regarding Application for Reconsideration

    By an application dated June 20, 1994, a company official requested 
administrative reconsideration of the subject petition for trade 
adjustment assistance, TAA. The denial notice was issued on May 25, 
1994 and published in the Federal Register on June 14, 1994 (59 FR 
30617).
    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 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    Investigation findings show that the subject firm closed in August, 
1993. The facility repaired VCRs, CD players, camcorders and computers; 
however some computer systems were produced mainly for the radio 
broadcasting industry.
    It's claimed that the facility's customers could purchase imported 
assembled units from domestic suppliers.
    The Department's denial was based on the fact that the 
``contributed importantly'' test of the Group Eligibility Requirements 
of the Trade Act was not met for computer systems. This test is 
generally demonstrated through a survey of the workers' firm's 
customers. The Department's customer survey shows that none of the 
respondents imported computer systems. The customers further stated 
that they have not replaced or installed other systems like those of 
the subject firm.
    With respect to the repair services, they do not constitute the 
production of an article within the meaning of the Trade Act of 1974. 
The Department has consistently determined that the performance of 
services does not constitute the production of an article and this 
determination has been upheld in the U.S. Court of Appeals.

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 decision. Accordingly, the application is denied.

    Signed at Washington, DC, this 13th day of July 1994.
Stephen A. Wandner,
Deputy Director, Office of Legislation & Actuarial Service, 
Unemployment Insurance Service.
[FR Doc. 94-18097 Filed 7-25-94; 8:45 am]
BILLING CODE 4510-30-M