[Federal Register Volume 67, Number 113 (Wednesday, June 12, 2002)]
[Notices]
[Pages 40339-40340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14786]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-40,419]


Flextronics International, Porstmouth, NH; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application received on May 1, 2002, the 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

[[Page 40340]]

workers of Flextronics International, Portsmouth, New Hampshire was 
issued on April 2, 2002, and was published in the Federal Register on 
April 17, 2002 (67 FR 18923).
    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 investigation findings revealed that criterion (2) of the group 
eligibility requirements of section 222 of the Trade Act of 1974 was 
not met. Plant sales and production of networking products PCBA and 
chassis assemblies increased from 2000 to 2001.
    The request for reconsideration alleges that sales and production 
at the subject plant declined during the latter part of 2001. The 
petitioner attached various news articles to attempt to illustrate 
declines in sales and production during the relevant period.
    The company reported increased sales and production at the subject 
plant in 2001 over the corresponding 2000 period. Further review of the 
initial investigation shows that the preponderance in the declines in 
employment at Flextronics International, Portsmouth, New Hampshire is 
the direct result of plant production being shifted to a foreign source 
during the latter part of 2001 and those products are not being 
imported back to the United States during the relevant period. Thus on 
further analysis criterion (3) group eligibility requirements of 
section 222 of the Trade Act of 1974 also was not met. Imports did not 
contribute importantly to the subject plant layoffs.
    The petitioner further states that the company turned down work 
because of it being too labor intensive, the company is restructuring 
their operations in the United States, Western Europe and Asia and that 
production will be moved to lower-cost regions such as Mexico. None of 
these factors are a basis for certifying the worker group at 
Flextronics International, Portsmouth, New Hampshire.

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 31st day of May, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-14786 Filed 6-11-02; 8:45 am]
BILLING CODE 4510-30-P