[Federal Register Volume 68, Number 180 (Wednesday, September 17, 2003)]
[Notices]
[Page 54490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23730]


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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-06385]


Ameriphone, Inc., a Wholly Owned Subsidiary of Plantronics, Inc., 
Garden Grove, California; Notice of Revised Determination on Remand

    The United States Court of International Trade (USCIT) granted the 
Secretary of Labor's motion for a voluntary remand for further 
investigation in Former Employees of Ameriphone, Inc. v. U.S. Secretary 
of Labor (Court No. 03-00243).
    The Department's initial denial of NAFTA-Transitional Adjustment 
Assistance (NAFTA-6385) for the workers of Ameriphone, Inc., a wholly 
owned subsidiary of Plantronics, Inc., Garden Grove, California 
(hereafter ``Ameriphone''), was issued on September 11, 2002 and 
published in the Federal Register on September 27, 2002 (67 FR 61160). 
The denial was based on the finding that the workers at the subject 
facility did not produce an article as required by section 250 of the 
Trade Act of 1974.
    On March 10, 2003, the Department issued a Notice of Negative 
Determination Regarding Application for Reconsideration for NAFTA-6385 
and published in the Federal Register on March 18, 2003 (68 Fed. Reg. 
12938).
    In the request for reconsideration, the petitioner alleged that the 
workers were engaged in the final phase of production (inspecting, 
testing and modifying products) as well as prototype design and 
production. In the reconsideration investigation, the Department found 
that the articulated functions constituted a negligible portion of the 
work performed at the subject facility and that the workers were, in 
fact, service providers.
    On voluntary remand, the Department contacted the company and 
requested detailed information regarding the workers' functions at the 
subject facility. The newly obtained information revealed that workers 
at the subject facility were engaged in production. The new information 
also revealed that a significant portion of the production performed at 
the subject facility was shifted to Mexico impacting workers at the 
subject plant.

Conclusion

    After careful review of the additional facts obtained on remand, I 
conclude that a shift of production to Mexico of products like or 
directly competitive with those produced at the subject firm 
contributed importantly to the declines in sales or production and to 
the total or partial separation of workers of Ameriphone, Inc., Garden 
Grove, California. In accordance with the provisions of the Act, I make 
the following certification:

    ``All workers of Ameriphone, Inc., a wholly owned subsidiary of 
Plantronics, Inc., Garden Grove, California, who became totally or 
partially separated from employment on or after June 24, 2001 
through two years of this certification, are eligible to apply for 
NAFTA-TAA under section 250 of the Trade Act of 1974.''

    Signed at Washington, DC this 18th day of August 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-23730 Filed 9-16-03; 8:45 am]
BILLING CODE 4510-30-P