[Federal Register Volume 67, Number 85 (Thursday, May 2, 2002)]
[Notices]
[Page 22118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10898]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-39,959]


Teccor Electronics, a Division of Invensys, Irving, Texas; Notice 
of Negative Determination Regarding Application for Reconsideration

    By application of January 23, 2002, petitioners 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 applicable to workers of Teccor Electronics, A Division 
of Invensys, Irving, Texas was issued on December 11, 2001, and was 
published in the Federal Register on December 26, 2001 (66 FR 66426).
    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 investigation findings revealed that criterion (3) of the group 
eligibility requirements of section 222 of the Trade Act of 1974 was 
not met. The decision was based on imports not contributing importantly 
to the decline in employment at the subject plant. The investigation 
further revealed that the production of wafers at the subject firm was 
transferred to a foreign plant.
    The request for reconsideration alleges that the final testing and 
categorizing (referred to as back-end production) of the thyristor 
semiconductor was moved to that foreign source. The petitioners further 
allege that the equipment to test and categorize the thyristor 
semiconductors was also shifted to a foreign source.
    Since the workers are engaged solely in the final testing and 
categorizing of imported thyristor semiconductors, they are not 
considered engaged in the production of an article. Testing and 
categorizing of thyristor semiconductors are post-production activities 
and are thus outside of the scope of workers engaged in the production 
of thyristor semiconductors produced at an affiliated foreign source. 
Therefore, the shift in testing and categorizing functions to a foreign 
source does not satisfy criterion (3) requirements.
    Additionally, upon reconsideration the subject workers do not 
produce an article within the meaning of section 222(3) of the Act.

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 10th day of April 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-10898 Filed 5-1-02; 8:45 am]
BILLING CODE 4510-30-M