[Federal Register Volume 68, Number 45 (Friday, March 7, 2003)]
[Notices]
[Page 11151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5414]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-41,448]


Ocwen Technology Xchange, Carlsbad, CA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application received on October 7, 2002, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on August 27, 2002, and 
published in the Federal Register on September 10, 2002 (67 FR 57456).
    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 petition for the workers of Ocwen Technology Xchange, Carlsbad, 
California was denied because the ``contributed importantly'' group 
eligibility requirement of Section 222(3) of the Trade Act of 1974, as 
amended; was not met. The denial was based on evidence the workers 
developed software for e-commerce and software solutions used in the 
mortgage and real estate industries. The workers did not produce an 
article as required for certification under Section 222 of the Trade 
Act of 1974.
    The petitioner alleges that software development activities 
conducted at the Carlsbad, California plant were shifted to an 
affiliated foreign source. The petitioner further states that the 
parent firm shipped the software that was in a later stage in the 
development back to the United States for quality adjustments to the 
software prior to the release of the software.
    The Department considers the development stage of an article as a 
service activity. In the case of the workers identified as developing 
software, they were exclusively engaged in the development and design 
of a product, rather than the actual production of an article, they do 
not produce an article within the meaning of section 222(3) of the 
Trade Act of 1974.

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 February 2003.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 03-5414 Filed 3-6-03; 8:45 am]
BILLING CODE 4510-30-P