[Federal Register Volume 69, Number 167 (Monday, August 30, 2004)]
[Notices]
[Pages 52934-52935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19674]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-54,629]


Motorola, Inc., Information Technology Semiconductor Products 
Sector Tempe, Arizona; Notice of Negative Determination on 
Reconsideration

    On July 22, 2004, the Department of Labor issued a Notice of 
Affirmative Determination Regarding Application for Reconsideration for 
the workers and former workers of the subject firm. The Notice of 
determination was published in the Federal Register on August 4, 2004 
(69 FR 47182).
    The Department issued the initial denial for Trade Adjustment 
Assistance (TAA) because the investigation revealed that workers 
provided software and systems design, development, implementation and 
maintenance in support of hundreds of Semiconductor Products Sector's 
global automated manufacturing and business applications. The 
investigation also revealed that maintenance and development functions 
were shifting to India and that Semiconductor Products Sector (SPS) 
revenue increased during the relevant time period.
    Service workers could be certified for TAA if they directly support 
an affiliated facility whose workers independently qualify for TAA or 
are determined to be TAA certifiable.
    The petitioners allege in the request for reconsideration that the 
subject company's semiconductor sales decreased, that semiconductor 
production was shifted to Taiwan, and that software development 
functions were shifted to India.
    On reconsideration, the Department investigated whether the subject 
company's semiconductor sales decreased during the relevant time 
periods (2002, 2003, January-March 2003 and January-March 2004). A 
review of the additional information revealed increased sales in the 
Semiconductor Product Sector during the investigation period.
    Under Section 113 of the Trade Adjustment Assistance Reform Act of 
2002 (Pub. L 107-210), workers who are laid off as a result of a shift 
in production to a country that is party to a free trade agreement with 
the United States, or a country that is named as a beneficiary under 
the Andean Trade Preference Act, the African Growth and Opportunity Act 
or the Caribbean Basin Economic Recovery Act, may be qualified for TAA 
certification.
    Taiwan is not party to a free trade agreement with the United 
States or named as a beneficiary under any of the above referenced 
Acts. Therefore, even if the petitioner's allegation was true, a 
production shift to Taiwan absent increased imports by the subject 
company of like or directly competitive products, is not a basis for 
TAA certification. Further, the TAA program does not recognized the 
shift of service functions abroad as a basis for certification.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Motorola, Inc., Information 
Technology, Semiconductor Products Sector, Tempe, Arizona.


[[Page 52935]]


    Signed at Washington, DC, this 20th day of August 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-19674 Filed 8-27-04; 8:45 am]
BILLING CODE 4510-30-P