[Federal Register Volume 71, Number 87 (Friday, May 5, 2006)]
[Notices]
[Pages 26561-26562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6819]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-58,245 and TA-W-58,245A]


Agilent Technologies, Assurance Solutions, Roseville, CA and 
Colorado Springs, CO; Notice of Revised Determination on 
Reconsideration

    By application dated January 26, 2006, a company official requested 
administrative reconsideration of the Department's negative 
determination

[[Page 26562]]

regarding eligibility for workers and former workers of the subject 
firm to apply for Trade Adjustment Assistance (TAA) and Alternative 
Trade Adjustment Assistance (ATAA). The negative determination notice 
applicable to workers of Agilent Technologies, Assurance Solutions, 
Roseville, California (TA-W-58,245) and Agilent Technologies, Assurance 
Solutions, Colorado Springs, Colorado (TA-W-58,245A) was signed on 
December 20, 2005, and published in the Federal Register on January 10, 
2006 (71 FR 1556). The subject worker group develops software for the 
telecommunications industry.
    The petition, filed on October 27, 2005, was denied because the 
``contributed importantly'' group eligibility requirement of Section 
222 of the Trade Act of 1974, as amended, was not met, and there was 
not a shift in production abroad.
    The petitioner contends that software development should be 
considered production, that workers engaged in software writing and 
development should be considered as engaged in production and that 
production of software shifted to China, India and Scotland.
    Since the issuance of the negative determination, the Department 
has revised its interpretation of an article to acknowledge that there 
are tangible and intangible articles and to clarify that the production 
of intangible articles can be distinguished from the provision of 
services. Software and similar intangible goods that would have been 
considered articles for the purposes of the Trade Act if embodied in a 
physical medium will now be considered to be articles regardless of 
their method of transfer.
    In response to the request for reconsideration, a company official 
was contacted for clarification on the shift of software production 
abroad. The company official stated that, beginning in October 2005, 
production shifted abroad and software was being brought back into the 
United States from India and Scotland.
    In accordance with Section 246 the Trade Act of 1974, as amended, 
the Department herein presents the results of its investigation 
regarding certification of eligibility to apply for ATAA for older 
workers. In order for the Department to issue a certification of 
eligibility to apply for ATAA, the group eligibility requirements of 
Section 246 of the Trade Act, as amended, must be met. The Department 
has determined in this case that the requirements of Section 246 have 
been met.
    A significant number of workers at the firm are age 50 or over and 
possess skills that are not easily transferable. Competitive conditions 
within the industry are adverse.

Conclusion

    After careful review of the information obtained in the 
reconsideration investigation, I determine that a shift of production 
followed by increased imports of software like or directly competitive 
with those produced by the subject workers contributed importantly to 
separations at the subject firm. In accordance with the provisions of 
the Act, I make the following certification:

    All workers of Agilent Technologies, Assurance Solutions, 
Roseville, California (TA-W-58,245), and Agilent Technologies, 
Assurance Solutions, Colorado Springs, Colorado (TA-W-58,245A), who 
became totally or partially separated from employment on or after 
October 27, 2004, through two years from the date of this 
certification, are eligible to apply for adjustment assistance under 
Section 223 of the Trade Act of 1974, and are eligible to apply for 
alternative trade adjustment assistance under Section 246 of the 
Trade Act of 1974.

    Signed in Washington, DC, this 25th day of April, 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-6819 Filed 5-4-06; 8:45 am]
BILLING CODE 4510-30-P