[Federal Register Volume 72, Number 231 (Monday, December 3, 2007)]
[Notices]
[Page 67966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23373]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,021]


Emcore Corporation; Emcore Fiber Optics Division; Naperville, IL; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated October 12, 2007, a worker requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
Emcore Corporation, Emcore Fiber Optics Division, Naperville, Illinois 
(the subject firm) to apply for Trade Adjustment Assistance (TAA) and 
Alternative Trade Adjustment Assistance (ATAA). The negative 
determination was issued on September 28, 2007. On October 12, 2007, 
the Department's Notice of negative determination was published in the 
Federal Register (72 FR 58131). Workers at the subject firm design, 
assemble, test, troubleshoot, disassemble, and repair LX4 digital fiber 
optic components for semiconductors. Workers are not separately 
identifiable by product.
    The negative determination was based on the Department's findings 
that after the subject firm shifted production of digital fiber optic 
components to Thailand, the subject firm did not import and did not 
intend to import articles like or directly competitive with those 
produced by the subject firm.
    In the request for reconsideration, the worker alleges that 
production of digital fiber optic components shifted from the subject 
firm to Thailand and that the shift of production was followed by 
increased imports of articles like or directly competitive with those 
produced at the subject firm.
    Pursuant to 29 CFR 90.18(c), administrative reconsideration may be 
granted under the following circumstances:
    (1) If it appears on the basis of facts not previously considered 
that the determination complained of was erroneous;
    (2) If it appears that the determination complained of was based on 
a mistake in the determination of facts not previously considered; or
    (3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    After careful review of the request for reconsideration and 
previously submitted materials, the Department determines that there is 
no new information that supports a finding that there was a shift of 
production to a country that is a 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.
    Thailand does not have a free trade agreement with the United 
States and is not a party to any of the previously-identified Acts.
    After careful review of the request for reconsideration and 
previously submitted materials, the Department also determines that 
there is no new information that supports a finding that there were 
increased imports (actual or likely) of articles like or directly 
competitive with those produced by the subject firm following the 
subject firm's shift of production abroad, and that there was no 
mistake or misinterpretation of the facts or of the law regarding the 
Department's initial determination that the subject workers are not 
eligible to apply for TAA and ATAA.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or misinterpretation of the law 
or of the facts which would justify reconsideration of the Department 
of Labor's prior decision. Accordingly, the application is denied.

    Signed at Washington, DC, this 20th day of November 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-23373 Filed 11-30-07; 8:45 am]
BILLING CODE 4510-FN-P