[Federal Register Volume 67, Number 74 (Wednesday, April 17, 2002)]
[Notices]
[Page 18927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9348]



[[Page 18927]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-40,196 and NAFTA-05250]


Motorola, Atlanta Order Fulfillment Center & Consumer Products 
Division, Suwanee, Georgia; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application of November 15, 2001, the petitioner 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) under 
petition TA-W-40,196 and North American Free Trade Agreement-
Transitional Adjustment Assistance (NAFTA-TAA) under petition NAFTA-
05250. The denial notices applicable to workers of Motorola, Atlanta 
Order Fulfillment Center, and Consumer Products Division, Suwanee, 
Georgia, were signed on October 30, 2001 (TA-W-40,196), and November 5, 
2001 (NAFTA-5250) and published in the Federal Register on November 9, 
2001 (66 FR 56711) and November 20, 2001 (66 FR 58171), respectively.
    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 negative TAA determination issued by the Department on October 
30, 2001, was based on the finding that imports of products similar to 
what the subject plant produced (primarily packaged cell phones and 
distribution) did not contribute importantly to the worker group 
eligibility requirements under section 222 of the Trade Act of 1974, as 
amended.
    The negative NAFTA-TAA determination issued by the Department on 
November 5, 2001, was based on the finding that imports (primarily 
packaged cell phones and distribution) from Canada or Mexico did not 
contribute importantly to separations at the subject plant, nor were 
there any shifts in production to Canada or Mexico under paragraph 
(a)(1) of section 250 of the Trade Act of 1974, as amended.
    The application of November 15, 2001 requesting administrative 
reconsideration indicates that Motorola, Atlanta Order Fulfillment 
Center, Suwanee, Georgia shifted operations to Elgin, Illinois and 
Harvard, Illinois for the purpose of supporting cost reduction 
strategies throughout the corporation. The request further appears to 
indicate that the Harvard, Illinois facility was certified eligible for 
TAA benefits due to the fact that manufacturing operations were 
eliminated. The request further appears to indicate that the evidence 
used to support certification at the Harvard facility should be sued as 
grounds for certification of the subject workers.
    A review of company data supplied during the initial investigation 
shows that the preponderance in the declines in employment at the 
subject plant is related to the transfer of the operations to two 
affiliated domestic facilities located in Illinois. The domestic 
transfer and minimal fluctuations in subject plant sales and production 
and stable customer base do not depict factors of imports impacting the 
workers of the subject firm.
    The production (cellular phones) done at Harvard, Illinois was 
moved overseas prior to the subject plant's operations being shifted to 
the Harvard location. The work performed by the workers certified at 
the Harvard location was different from the work performed by the 
subject plant. The Atlanta Order Fulfillment Center workers were 
primarily engaged in the packaging and distribution of products they 
received from outside affiliated sources. The Consumer Products 
Division performed administrative support, materials tracking, 
ordering, engineering and sale/marketing and refurbishing.
    The functions as described above are different from those of the 
workers certified at the Harvard facility. Although the workers at 
Motorola Personal Communications Sector, Harvard, Illinois (producing 
cell phones) were certified under TA-W-38,928 and NAFTA-4646 and 
Motorola, Inc., Energy System Groups, Harvard, Illinois (producing cell 
phone batteries) were certified under TA-W-37,850, the workers of the 
subject plant can not tied to those certifications.
    Motorola made a business decision to transfer work previously done 
at Suwanee to Harvard, Illinois as excess capacity occurred. The impact 
of imports did not eliminate the Suwanee functions, it allowed the 
company to move those functions elsewhere. The worker separations were 
caused by the domestic transfer of functions and thus the workers can 
not be considered for eligibility as those workers at the Harvard, 
Illinois facility.

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 12th day of March, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-9348 Filed 4-16-02; 8:45 am]
BILLING CODE 4510-30-M