[Federal Register Volume 67, Number 79 (Wednesday, April 24, 2002)]
[Notices]
[Page 20171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10054]


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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-05625]


Alcatel USA Marketing, Inc., Andover, MA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated January 28, 2002, the workers requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for North American Free 
Trade Agreement-Transitional Adjustment Assistance (NAFTA-TAA), 
applicable to workers and former workers of the subject firm. The 
denial notice was signed on December 31, 2001, and was published in the 
Federal Register on January 11, 2002 (67 FR 1511).
    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.
    The NAFTA-TAA petition, filed on behalf of workers at Alcatel USA 
Marketing, Inc., Andover, Massachusetts engaged in activities related 
to the engineering and development of a network switch for computers 
was denied because the workers of the subject firm did not produce an 
article within the meaning of Section 250(a) of the Trade Act, as 
amended.
    The petitioners allege that the firm did not end the development of 
the 7420 IP Edge Router before the product was manufactured. They 
further indicated that the router shipped from Andover to outside 
sources was long before the decision was made to transfer the program 
to Canada. They further indicated that the program was ultimately 
canceled. The petitioners attached statements from various workers as 
testimony.
    Information supplied during initial investigation show that workers 
were engaged in activities related to the engineering and development 
of a computer network switch, referred to as the 7420 IP Edge Router. 
ALCATEL USA decided to consolidate some of their North American 
facilities, including transferring the engineering and development of 
the 7420 IP Edge Router to Kanata, Canada. After further evaluation, 
the company decided to completely discontinue development of the 7420 
IP Edge Router. The product was never fully developed. The Andover 
facility shipped the 7420 IP Edge Router to internal and outside 
sources for beta testing only. The router was never produced for sale 
to outside sources. The subject plant workers engaged in activities 
related to engineering and development of the 7420 IP EDGE ROUTER at 
the subject firm did not produce an article within the meaning of 
Section 250(a) of the Trade Act, as amended. Therefore, the shifts in 
functions performed at the subject plant related to the 7420 IP Edge 
Router to Canada are irrelevant.

Conclusion

    After review of the application for reconsideration 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 day of April, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-10054 Filed 4-23-02; 8:45 am]
BILLING CODE 4510-30-M