[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Notices]
[Pages 74340-74341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25362]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-59,517]


Advanced Electronics, Inc., Boston, MA; Notice of Negative 
Determination on Remand

    On October 22, 2007, the U.S. Court of International Trade (USCIT) 
granted the Department of Labor's request for voluntary remand to 
conduct further investigation in Former Employees of Advanced 
Electronics, Inc. v. United States Secretary of Labor (Court No. 06-
00337).
    On July 18, 2006, the Department of Labor (Department) issued a 
Negative Determination regarding eligibility to apply for Trade 
Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance 
(ATAA) applicable to workers and former workers of Advanced 
Electronics, Inc., Boston, Massachusetts (subject firm). AR 60. The 
Department's Notice of determination was published in the Federal 
Register on August 4, 2006 (71 FR 44320). AR 67.
    The petition identified the article produced by the subject workers 
as ``electronics.'' AR 2. A letter (dated May 8, 2006) identified the 
subject workers as engaged in the production of ``subassembly' printed 
circuit boards'' and alleged that increased imports of that article 
caused the subject workers' separations. AR 28.
    The negative determination stated that the subject workers ``were 
engaged in the production of printed circuit boards (subassembly)'' and 
that the Department's investigation revealed that ``the subject firm 
did not import printed circuit boards'' and did not transfer production 
abroad during the relevant period. The Department's survey of the 
subject firm's major declining customers regarding their purchases in 
2004, 2005, January through May 2005, and January through May 2006 of 
``printed circuit board (assembly)'' revealed no imports during the 
period under investigation, and that a portion of the decline in 
company sales is attributed to declining purchases from a foreign 
customer during the period under investigation. AR 61.
    Administrative reconsideration was not requested by any of the 
parties pursuant to 29 CFR section 90.18.
    The Department requested voluntary remand to determine whether, 
during the relevant period, any of the foreign customer's facilities 
located in the United States received printed circuit boards produced 
by the subject firm

[[Page 74341]]

and, if so, whether the facility(s) had imported articles like or 
directly competitive with the printed circuit board assemblies produced 
by the subject firm.
    During the remand investigation, the Department contacted the 
former subject firm official who completed the Business Confidential 
Data Request form, SAR 1-5, and the former subject firm employee who 
handled the foreign customer's contract for information about where the 
articles were shipped. SAR 7. The Department confirmed that the subject 
firm sent the articles purchased by the foreign customer to a facility 
located outside of the United States and obtained the foreign address 
to where the articles were shipped. SAR 3, 5, 7.
    Because the subject firm did not send printed circuit boards to a 
domestic facility of the foreign customer, the Department determines 
that the foreign customer did not import articles like or directly 
competitive with the printed circuit boards produced by the subject 
firm, and affirms the negative determination.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the subject worker group must be certified eligible 
to apply for TAA. Since the subject workers are not eligible to apply 
for TAA, the workers cannot be certified eligible for ATAA.

Conclusion

    After careful reconsideration, I affirm the original notice of 
negative determination of eligibility to apply for worker adjustment 
assistance for workers and former workers of Advanced Electronics, 
Inc., Boston, Massachusetts.

    Signed at Washington, DC, this 19th day of December, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-25362 Filed 12-28-07; 8:45 am]
BILLING CODE 4510-FN-P