[Federal Register Volume 68, Number 118 (Thursday, June 19, 2003)]
[Notices]
[Pages 36849-36850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15478]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-51,440]


ASML Albuquerque, Albuquerque, New Mexico; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of May 17, 2003, a petitioner 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 ASML Albuquerque, Albuquerque, 
New Mexico was signed on April 16, 2003, and published in the Federal 
Register on May 1, 2003 (68 FR 23322).
    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 TAA petition was filed on behalf of workers at ASML 
Albuquerque, Albuquerque, New Mexico engaged in activities related to 
customer support engineering services. 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 that layoffs at ASML Albuquerque, 
Albuquerque, New Mexico, were related to the acquisition of the 
facility by a foreign company. The petitioner states that subject 
facility, formerly known as Silicon Valley Group, was bought by ASML, a 
company with foreign production facilities. The petitioner concludes 
that, shortly after the acquisition of the Silicon Valley Group 
facilities (including an affiliated production facility in Connecticut) 
both facilities were shut down. The petitioner appears to be alleging 
that the acquiring company shifted production abroad, with plans to 
import this production to the U.S.
    The petitioner's allegation of a shift in production and subsequent 
potential imports might be relevant if all other eligibility 
requirements for trade adjustment assistance were met. However, 
customer support engineering services do not meet the definition of 
production of an article as established in Section 222 of the Trade 
Act, thus the workers in this case do not meet the eligibility 
requirements of TAA.
    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

[[Page 36850]]

Labor's prior decision. Accordingly, the application is denied.

    Signed at Washington, DC, this 3rd day of June, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-15478 Filed 6-18-03; 8:45 am]
BILLING CODE 4510-30-P