[Federal Register Volume 73, Number 80 (Thursday, April 24, 2008)]
[Notices]
[Pages 22172-22173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8979]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,341]


Nortel Networks Corporation Global Order Fulfillment, Research 
Triangle Park, NC; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application postmarked February 4, 2008, three petitioners 
requested administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on January 16, 2008 and 
published in the Federal Register on February 1, 2008 (73 FR 6213).
    Pursuant to 29 CFR 90.18(c) 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

[[Page 22173]]

of the law justified reconsideration of the decision.
    The negative TAA determination issued by the Department for workers 
of Nortel Networks Corporation, Global Order Fulfillment, Research 
Triangle Park, North Carolina was based on the finding that the worker 
group does not produce an article within the meaning of Section 222 of 
the Trade Act of 1974.
    The petitioner states that the determination document incorrectly 
describes activities performed by the workers of the subject firm. The 
petitioner states that the workers fulfilled customer orders for 
telecommunications network ``solutions'' and not ``software.''
    The change in the description of the activities from ``software'' 
to ``solutions'' does not change the fact that the workers of the 
subject firm do not produce an article and do not directly support 
production of any kind. The investigation revealed that the workers of 
the subject firm receive, monitor the progression and process customer 
orders, collect data and ensure its accuracy and fulfillment. These 
activities do not constitute production of an article within the 
meaning of Section 222 of the Trade Act of 1974.
    The petitioner did not supply facts not previously considered; nor 
provide additional documentation indicating that there was either (1) a 
mistake in the determination of facts not previously considered or (2) 
a misinterpretation of facts or of the law justifying reconsideration 
of the initial determination.
    After careful review of the request for reconsideration, the 
Department determines that 29 CFR 90.18(c) has not been met.

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 in Washington, DC, this 25th day of March 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-8979 Filed 4-23-08; 8:45 am]
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