[Federal Register Volume 68, Number 145 (Tuesday, July 29, 2003)]
[Notices]
[Page 44546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19223]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-51,625]


Motorola, Inc.; iDen Radio Support Center; Elgin, IL; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application of June 21, 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 Motorola, Inc., iDen Radio 
Support Center, Elgin, Illinois was signed on May 20, 2003, and 
published in the Federal Register on June 3, 2003 (68 FR 33195).
    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 Motorola, Inc., 
iDen Radio Support Center, Elgin, Illinois engaged in activities 
related to the repair of iDEN cellular radios. The petition was denied 
because the petitioning workers did not produce an article within the 
meaning of Section 222 of the Act.
    The petitioner questions why the repair work performed at the 
subject facility does not constitute production.
    The Department of Labor, has consistently considered repair work a 
``service''. Further, the North American Industrial Classification 
System (NAICS), is a standard used by the Department to categorize 
products and services. Both the 1997 and 2002 editions of the NAICS 
designate the repair of telephones and two-way radios as classified 
within a code that signifies services (specifically NAICS 811213).
    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 July, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-19223 Filed 7-28-03; 8:45 am]
BILLING CODE 4510-30-U