[Federal Register Volume 68, Number 23 (Tuesday, February 4, 2003)]
[Notices]
[Page 5655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2544]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-40,275 & NAFTA-05163]


Tyco Electronics, Fiber Optics Division; Glen Rock, PA; Notice of 
Negative Determination on Reconsideration on Remand

    The United States Court of International Trade (USCIT) granted the 
Secretary of Labor's motion for a voluntary remand for further 
investigation in Former Employees of Tyco Electronics, Fiber Optics 
Division v. U.S. Secretary of Labor, No. 01-00152.
    The Department's initial denial of Trade Adjustment Assistance (TA-
W-40,275) for the workers of Tyco Electronics, Fiber Optics Division, 
Glen Rock, Pennsylvania was issued on January 14, 2002, and published 
in the Federal Register on January 31, 2002 (67 FR 4749), was based on 
the finding that the ``contributed importantly'' criterion of the group 
eligibility requirements of Section 222 of the Trade Act of 1974, as 
amended, was not met. The subject company did not import fiber optic 
cable connectors during the relevant period. The predominant cause of 
the work separations was related to a domestic transfer of production 
to an affiliated facility in Harrisburg, Pennsylvania.
    The Department's initial denial of NAFTA-Transitional Adjustment 
Assistance (NAFTA-5163) for the workers of Tyco Electronics, Fiber 
Optics Division, Glen Rock, Pennsylvania was issued on September 28, 
2001, and published in the Federal Register on October 19, 2001 (66 FR 
53252), was based on the finding that the criteria (3) and (4) were not 
met. Imports from Canada or Mexico did not contribute importantly to 
workers' separations. The predominant cause of the worker separations 
was related to a domestic transfer of production to an affiliated 
facility in Harrisburg, Pennsylvania.
    On January 22, 2002 Department of Labor issued a Notice of Negative 
Determination Regarding Application for Reconsideration for NAFTA-5163 
and published in the Federal Register on February 5, 2002 (67 FR 5299). 
The petitioner alleged that plant production was shifted to an 
affiliated plant located in Mexico. Information provided by the company 
show that any plant production shifted to Mexico was negligible during 
the relevant period. The overwhelming (over 98%) portion of subject 
plant production was transferred to Harrisburg, Pennsylvania during the 
relevant period.
    The petitioners on reconsideration also supplied a list of products 
that they indicated transferred to Mexico. The overwhelming majority of 
these products were transferred prior to the relevant time frame of the 
investigation. Some of these products were produced at the subject firm 
only when orders required quick turn around time. The majority of these 
products were produced at a sister facility located in Harrisburg when 
quick turn around time was required. The quick turn around products 
equivalent to what the Mexican plant produced were produced at the 
subject plant
    Also, on reconsideration the petitioner also claimed that the plant 
workers trained workers from an affiliated Mexican plant. The workers 
did train workers from the Mexican plant during the relevant time 
frame. However, the training related to only a negligible portion of 
production performed at the subject plant.
    On remand, the Department contacted a company official requesting 
company-wide sales figures of the article(s) produced at the subject 
firm plant and a list of the major declining customers of the subject 
plant.
    The company supplied sales figures for the Fiber Optics Division 
showing increases in sales from 1999 to 2000 and sales declines from 
the January through September 2001 period over the corresponding 2000 
period.
    Since the company reported declining sales at the Fiber Optics 
Division during the relevant period, the Department conducted a survey 
of the major declining customers of the subject firm regarding their 
purchases of fiber optic cable assemblies, components and value added 
enclosures during 1999, 2000 and January through September 2001 over 
the corresponding 2000 period.
    The survey revealed that one respondent did not increase their 
imports of products like or directly competitive with what the subject 
plant produced, while decreasing their purchases from the subject firm. 
Another major customer reported no direct import purchases during 1999, 
2000 and January through September 2001. However, this customer 
reported that a small percentage of the products purchased were 
indirect imports (products purchased from a domestic source that were 
wholly manufactured in a foreign country) during September 2001, well 
after the decision by the subject firm to transfer production to 
Harrisburg, Pennsylvania and during the time of the completion of the 
domestic transfer. The amount of the customer's reported indirect 
imports was relatively low in relation to the customer's total domestic 
purchases.

Conclusion

    After reconsideration on remand, I affirm the original notice of 
negative determination of eligibility to apply for adjustment 
assistance for workers and former workers of Tyco Electronics, Fiber 
Optics Division, Glen Rock, Pennsylvania.

    Signed at Washington, DC this 15th day of January 2003.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 03-2544 Filed 2-3-03; 8:45 am]
BILLING CODE 4510-30-U