[Federal Register Volume 71, Number 146 (Monday, July 31, 2006)]
[Notices]
[Page 43213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12192]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,434


Gale Group, Inc., A Division of the Thompson Corporation, 
Belmont, CA; Notice of Revised Determination on Remand

    On June 2, 2006, the United States Court of International Trade 
(USCIT) granted the Department of Labor's motion for voluntary remand 
for further investigation in Former Employees of Gale Group, Inc. v. 
U.S. Secretary of Labor, Court No. 04-00374. These workers created 
electronic documents and performed electronic indexing services and 
occasionally wrote abstracts of articles.
    On May 20, 2004, the Department of Labor (Department) issued a 
negative determination regarding eligibility to apply for Trade 
Adjustment Assistance (TAA) for workers of Gale Group, A Division of 
the Thompson Corporation, Belmont, California (Gale Group). The 
negative determination was based on the investigation's finding that 
the workers did not produce an article in accordance with Section 222 
of the Trade Act of 1974 (Trade Act). The Notice of Negative 
Determination Regarding Eligibility to Apply for Worker Adjustment 
Assistance for the subject firm was published in the Federal Register 
on June 17, 2004 (69 FR 33940).
    In response to the petitioner's request for administrative 
reconsideration, the Department affirmed its finding that the subject 
workers did not produce an article within the meaning of the Trade Act. 
The Department's Dismissal of Application for Reconsideration was 
issued on July 16, 2004 and the Notice of Dismissal of Application for 
Reconsideration was published in the Federal Register on July 23, 2004 
(69 FR 44064).
    The petitioners appealed the denial to the USCIT. The Department 
made a motion for voluntary remand for further investigation. The CIT 
granted the Department's motion in an October 25, 2004 Order. In 
response to that Order, the Department conducted a further 
investigation to determine whether the petitioners were eligible to 
apply for TAA. On January 27, 2005, the Department affirmed its 
conclusion that the workers did not produce an article within the 
meaning of the Trade Act. The Department's Notice was published in the 
Federal Register on February 8, 2005 (70 FR 6732).
    The CIT subsequently ruled that the Department's denial of TAA 
certification because the plaintiffs did not produce an ``article'' was 
reasonable and supported by substantial evidence. The petitioners 
appealed to the United States Court of Appeals for the Federal Circuit.
    After the case reached the Court of Appeals the Department revised 
its policy to acknowledge that there are tangible and intangible 
articles. Products that would have been considered an article if 
embodied in a physical medium will now be considered an article for 
purposes of the Trade Act even if transmitted or stored electronically. 
Because it is the Department's practice to apply a new policy if doing 
so is in the best interest of the workers, the Department requested a 
voluntary remand from the Court of Appeals to determine whether, under 
the new policy, the petitioners are eligible to apply for TAA. The 
Court of Appeals remanded the case to the CIT which remanded it to the 
Department.
    Upon review, the Department has determined that the subject workers 
produce an intangible article (electronic documents) and that, 
following the shift of production abroad, documents like or directly 
competitive with those produced at the subject firm were brought back 
into the United States.

Conclusion

    After careful review of the facts generated through the remand 
investigation, I determine that a shift in production abroad of 
electronic documents like or directly competitive to that produced at 
the subject facility followed by increased imports contributed to the 
total or partial separation of a significant number or proportion of 
workers at the subject facilities. In accordance with the provisions of 
the Act, I make the following certification:

    All workers of Gale Group, A Division of the Thompson 
Corporation, Belmont, California, who became totally or partially 
separated from employment on or after February 23, 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.

    Signed at Washington, DC, this 19th day of July 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E6-12192 Filed 7-28-06; 8:45 am]
BILLING CODE 4510-30-P