[Federal Register Volume 68, Number 129 (Monday, July 7, 2003)]
[Notices]
[Pages 40300-40301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16891]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-51,037]


Jabil Global Services, Inc., Tampa, FL; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of April 24, 2003, a company official 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 Jabil Global Services, Inc., 
Tampa, Florida was signed on March 26, 2003, and published in the 
Federal Register on April 7, 2003 (68 FR 16834).
    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 Jabil Global 
Services, Inc., Tampa, Florida engaged in computer refurbishment (i.e., 
repair, rebuild, and overhaul) 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 petitioners allege that repair and rebuilding performed by the 
subject firm workers constitutes production because the warranty that 
covered this repair was part of the ``new buy price'' of computers 
initially produced by the firm that the subject firm performs contract 
work for.
    Repair and refurbishment of products already purchased does not 
constitute production within the context of eligibility requirements 
for trade adjustment assistance.
    The company official seemed to imply that the subject firm provided 
``value added services'' to computer parts through upgrades to 
circuitry to address specific design problems ``that were related to 
the original design problems.''
    A clarifying call to the company official confirmed that upgrades 
on these computer and/or components

[[Page 40301]]

were covered by a warranty and thus do not concern products that are 
for sale.
    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 18th day of June, 2003.
Elliott S. Kushner
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-16891 Filed 7-3-03; 8:45 am]
BILLING CODE 4510-30-P