[Federal Register Volume 68, Number 90 (Friday, May 9, 2003)]
[Notices]
[Pages 25061-25062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11543]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-42,315]


Alcatel USA Marketing, Inc., Voice Network Division (VND), 
Wireless Switching Group, EMX 5000 Product Group, Plano, TX; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application received on April 3, 2003, a petitioner requested 
administrative reconsideration of the

[[Page 25062]]

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 Alcatel 
USA Marketing, Inc., Voice Network Division (VND), Wireless Switching 
Group, EMX 5000 Product Group, Plano, Texas was signed on March 7, 
2003, and published in the Federal Register on March 26, 2003 (67 FR 
14706).
    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 TAA petition was filed on behalf of workers at Alcatel USA 
Marketing, Inc., Voice Network Division (VND), Wireless Switching 
Group, EMX 5000 Product Group, Plano, Texas engaged in activities 
related to software and hardware support. The petition was denied 
because the petitioning workers did not produce an article within the 
meaning of section 222(3) of the Act.
    The petitioner alleges the software and hardware support at Alcatel 
USA Marketing, Inc., Voice Network Division (VND), Wireless Switching 
Group, EMX 5000 Product Group, Plano, Texas is an ``integral part of 
the product'' made for the customer.
    An investigation of this matter, including contact with the 
company, revealed that a very small portion of the services supplied 
involve hardware (modifications) and that all of the software support 
provided is electronically generated to the customer. Electronically 
generated material does not constitute production within the meaning of 
Section 222 of the Trade Act.
    Only in very limited instances are service workers certified for 
TAA, namely the worker separations must be caused by a reduced demand 
for their services from a parent or controlling firm or subdivision 
whose workers produce an article and who are currently under 
certification for TAA.

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 29th day of April, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-11543 Filed 5-8-03; 8:45 am]
BILLING CODE 4510-30-P