[Federal Register Volume 68, Number 128 (Thursday, July 3, 2003)]
[Notices]
[Pages 39984-39985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16897]


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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-05755]


Delphi Automotive Systems Corp., Delphi Delco Electronics 
Division, Body and Security Team, Oak Creek, WI; Notice of Revised 
Determination on Remand

    The United States Court of International Trade (USCIT), on March 
26, 2003, granted the Secretary of Labor's motion for voluntary remand 
for further investigation of the negative determination in Former 
Employees of Delphi Automotive Systems Corp. v. U.S. Secretary of Labor 
(Court No. 02-00565).
    The Department's initial denial of the petition for employees of 
Delphi Automotive Systems Corporation, Delphi Delco Electronics 
Division, Body and Security Team, Oak Creek, Wisconsin (NAFTA-05755) 
was issued on April 16, 2002 and published in the Federal Register on 
May 2, 2002 (67 FR 22115). The denial was based on the fact that the 
workers' firm did not produce an article as required for certification 
under section 250(a), Subchapter D, Chapter 2, Title II, of the Trade 
Act of 1974.
    On administrative reconsideration, the Department issued a ``Notice 
of Negative Determination Regarding Application for Reconsideration'' 
on June 18, 2002 for the employees of Delphi Automotive Systems 
Corporation, Delphi Delco Electronics Division, Body and Security Team, 
Oak Creek, Wisconsin. The notice was published in the Federal Register 
on July 22, 2002 (67 FR 47865 and 47866). The Department affirmed that 
workers were not engaged in the production of a product at the subject 
facility. The Department found that any shifts in plant activities were 
related to engineering, rather than production.
    On remand, the Department contacted the company for additional 
information concerning plant activities and potential shifts in these 
activities to Mexico.
    Based on additional information obtained from the company, it has 
become apparent that a portion of the functions performed at the 
subject firm

[[Page 39985]]

constitute a fundamental part of the production of an article. It has 
also been determined that this production and a meaningful portion of 
plant support activities were shifted to Mexico, thus leading to plant 
employment declines during the relevant period.
    This certification is limited to the workers of the company listed 
on the first page of the petition as ``the company division or 
subdivision of the subject (affected) workers'': Delphi Automotive 
Systems Corporation, Delphi Delco Electronics Division, Body and 
Security Team, Oak Creek, Wisconsin. This petition does not cover the 
workers of Manpower Professional, an unaffiliated firm of the subject 
firm.
    On page two of their petition the petitioners identified Manpower 
Professional as a ``primary firm affected by NAFTA.'' However, Manpower 
Professional supplied personnel to Delphi's Oak Creek facility and 
therefore was not a ``primary firm.'' Manpower Professional did not 
supply components, unfinished, or semifinished goods to Delphi's Oak 
Creek facility, nor did they assemble or finish products made by 
Delphi's Oak Creek facility.

Conclusion

    After careful review of the additional facts obtained on remand, I 
conclude that there was a shift in production from the workers' firm to 
Mexico of articles that are like or directly competitive with those 
produced by the subject firm. In accordance with the provisions of the 
Trade Act, I make the following certification:

    All workers of Delphi Automotive Systems Corporation, Delphi 
Delco Electronics Division, Body and Security Team, Oak Creek, 
Wisconsin who became totally or partially separated from employment 
on or after January 3, 2001, through two years from the issuance of 
this revised determination, are eligible to apply for NAFTA-TAA 
under section 250 of the Trade Act of 1974.

    Signed at Washington, DC this 17th day of June 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-16897 Filed 7-2-03; 8:45 am]
BILLING CODE 4510-30-P