[Federal Register Volume 68, Number 132 (Thursday, July 10, 2003)]
[Notices]
[Page 41185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17442]


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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-5163]


Tyco Electronics, Fiber Optics Division, Glen Rock, PA; Notice of 
Revised Determination on Remand

    The United States Court of International Trade (USCIT) remanded to 
the Department of Labor for further consideration and investigation of 
the negative determination on reconsideration on remand in Former 
Employees of Tyco Electronics, Fiber Optics Division v. U.S. Secretary 
of Labor (Court No. 02-00152).
    The Department's initial denial of NAFTA-Transitional Adjustment 
Assistance (NAFTA-5163) for the workers of Tyco Electronics, Fiber 
Optics Division, Glen Rock, Pennsylvania, issued on September 28, 2001 
and published in the Federal Register on October 19, 2001 (66 FR 
53252), was based on the finding that criteria (3) and (4) were not 
met. The investigation concluded that imports from Canada or Mexico did 
not contribute importantly to workers' separations, and that the 
predominant cause of the worker separations was a domestic transfer of 
production to an affiliated facility in Harrisburg, Pennsylvania.
    On January 22, 2002, the Department issued a Notice of Negative 
Determination Regarding Application for Reconsideration for NAFTA-5163 
and published the determination in the Federal Register on February 5, 
2002 (67 FR 5299).
    The petitioners alleged in the request for reconsideration that 
plant production was shifted to an affiliated plant located in Mexico. 
Information provided by the company at that time showed that any 
production shifted from the subject plant to Mexico during the relevant 
period was negligible. That information suggested that an overwhelming 
(over 98%) portion of plant production was transferred to Harrisburg, 
Pennsylvania during the relevant period.
    The petitioners appealed to the U.S. Court of International Trade, 
and on voluntary remand, the Department requested company-wide sales 
figures of the article(s) produced at the subject plant and a list of 
the major declining customers of the subject plant. The figures for the 
Fiber Optics Division showed increases in sales from 1999 to 2000 and 
decreases in sales from the January through September 2001 period from 
the corresponding 2000 period.
    Because the company reported declining sales at the Fiber Optics 
Division during the relevant period, the Department conducted a survey 
of the subject firm's major declining customers regarding their 
purchases of fiber optic cable assemblies, components, and value-added 
enclosures during 1999, 2000, January through September 2001, and 
January through September 2000.
    The surveys revealed that none of the major declining customers 
increased imports of the relevant articles from Canada or Mexico during 
the relevant period.
    On the current, court-ordered remand, the Department requested and 
obtained new and additional information and clarification from the 
company regarding plant production shifts to Mexico. Upon careful 
review of the new data, it has been determined more than a negligible 
portion of production was shifted to Mexico during the relevant period.

Conclusion

    After careful review of the additional facts obtained on the 
current remand, I conclude that there was a shift of production to 
Mexico that contributed importantly to the worker separations and sales 
or production declines at the subject facility. In accordance with the 
provisions of the Trade Act, I make the following certification:

    All workers of Tyco Electronics, Fiber Optics Division, Glen 
Rock, Pennsylvania who became totally or partially separated from 
employment on or after July 27, 2000, 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 25th day of June, 2003.
Elliott S. Kushner,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 03-17442 Filed 7-9-03; 8:45 am]
BILLING CODE 4510-30-P