[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Notices]
[Pages 50409-50410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4670]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,114]


Bourns Microelectronics Modules, Inc., a Subsidiary of Bourns 
Inc., New Berlin, WI; Notice of Revised Determination on Remand

    On June 29, 2005, the United States Court of International Trade 
(USCIT) granted the Department of Labor's motion for voluntary remand 
in Former Employees of Bourns Microelectronics Modules, Inc. v. U.S. 
Secretary of Labor (Court No. 045-00350).
    A petition, dated November 30, 2004, for Trade Adjustment 
Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA) was 
filed on behalf of workers and former workers of MMC Bidding, Inc., 
Division of Bourns, New Berlin, Wisconsin. The investigation revealed 
that the workers previously worked for Microelectronics Modules 
Corporation (MMC), New Berlin, Wisconsin and that the workers' 
employment with MMC was terminated when Bourns acquired the assets of 
MMC on October 30, 2003. The investigation also revealed that the 
Department granted a certification for the former workers of MMC (TA-W-
42,217; expired December 6, 2004).
    On December 27, 2004, the investigation for the case at hand was 
terminated because it was believed that the workers were covered by the 
previous certification for MMC (TA-W-42,217). (The Department had also 
terminated another investigation for a previous petition for the same 
location (TA-W-54,790) on June 4, 2004 because the Department found 
that the workers were covered by the certification for MMC (TA-W-
42,217)). The Department's Notice of Termination of Investigation for 
this case was published in the Federal Register (70 FR 3732).
    By letter dated January 14, 2005, the petitioner requested 
administrative reconsideration, stating that the workers were hired by 
and then separated from Bourns, that the petitioner helped ship 
machines and documentation to, and provided training to persons in 
Costa Rica, China and Taiwan, and that parts were being imported to 
satisfy customers' demands.
    By letter dated March 10, 2005, the petitioner's request for 
reconsideration was dismissed based on the finding that no new facts of 
a substantive nature which would bear importantly on the Department's 
determination was provided by the petitioner. On March 11, 2005, the 
Dismissal of Application

[[Page 50410]]

for Reconsideration was issued. The Department's Notice of Dismissal 
was published in the Federal Register on March 22, 2005 (70 FR 14483).
    On May 3, 2005, the petitioner filed an appeal with the USCIT. In 
the appeal, the petitioner suggested that the workers were engaged in 
production during their employment with Bourns and alleged that they 
were separated from Bourns in May 2004 when the facility closed due to 
the shift of production to China, Taiwan and Costa Rica.
    In its June 29, 2005 Order, the USCIT granted the Department's 
motion for a voluntary remand for further investigation and directed 
the Department to determine whether the subject worker group met the 
criteria set forth in the Trade Act of 1974 for TAA and ATAA 
certification.
    During the remand investigation, the Department contacted a Bourns 
official to ascertain whether the workers were employees of Bourns 
Microelectronics Modules, Inc., (BMMI), whether the workers were 
engaged in production of computer modules during their employment with 
BMMI and if so, whether computer module production shifted abroad, and 
whether there were increased imports of computer modules during the 
relevant period.
    The remand investigation revealed that the subject company did not 
acquire the subject facility until December 3, 2003 and that the 
subject workers were separated from BMMI, a subsidiary of Bourns, Inc., 
when the subject company shifted a meaningful portion of computer 
module production from the subject facility to Costa Rica.
    Under Section 113 of the Trade Adjustment Assistance Reform Act of 
2002 (PL 107-210), workers may be eligible to apply for TAA services if 
they were laid off as a result of increased imports or if their 
companies shifted production out of the United States to certain 
foreign countries. Workers 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 satisfy TAA 
certification criteria. Since Costa Rica is a named beneficiary under 
the Caribbean Basin Economic Recovery Act, the shift of computer module 
production from the subject facility to Costa Rica satisfies the 
criteria for TAA certification.
    A careful review of the record revealed that all criteria regarding 
ATAA for the subject worker group have been met. A significant number 
or proportion of the worker group are age fifty years or over, the 
workers possess skills that are not easily transferable and competitive 
conditions within the industry are adverse.

Conclusion

    After careful review of the facts obtained in the remand 
investigation, I conclude that there was a shift in production from the 
workers' firm or subdivision to Costa Rica of articles that are like or 
directly competitive with those produced by the subject firm or 
subdivision. In accordance with the provisions of the Act, I make the 
following certification:

    All workers of Bourns Microelectronics Modules, Inc., A 
Subsidiary of Bourns, Inc., New Berlin, Wisconsin, who became 
totally or partially separated from employment on or after December 
3, 2003, through two years from the issuance of this revised 
determination, are eligible to apply for Trade Adjustment Assistance 
under Section 223 of the Trade Act of 1974, and are also eligible to 
apply for Alternative Trade Adjustment Assistance under Section 246 
of the Trade Act of 1974.

    Signed at Washington, DC, this 16th day of August, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-4670 Filed 8-25-05; 8:45 am]
BILLING CODE 4510-30-P