[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Notices]
[Pages 34048-34049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13406]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,254]


Teva Neuroscience, Inc., Global Clinical Professional Resources 
Group, Horsham, PA; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application dated May 26, 2008, a petitioner 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 May 9, 2008 and published 
in the Federal Register on May 22, 2008 (73 FR 29783).
    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 of the law justified reconsideration of the 
decision.
    The negative TAA determination issued by the Department for workers 
of Teva Neuroscience, Inc., Global Clinical Professional Resources 
Group, Horsham, Pennsylvania, 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 Global Clinical Professional Resource 
Group (GCPRG) ``belonged to the Innovative Research and Development 
division, which had no involvement in the manufacturing process.'' The 
petitioner also stated that GCPRG was strictly dealing with the 
clinical trials and with the clinical data collected from the American 
population. The petitioner further infers that employment at the 
subject firm was negatively impacted by the outsourcing of some 
functions from the subject facility to India.
    The initial investigation revealed that the workers of Teva 
Neuroscience, Inc., Global Clinical Professional Resources Group, 
Horsham, Pennsylvania, are engaged in operations in support of the 
conduct of clinical trials of pharmaceutical products manufactured 
abroad, including database management, clinical quality control, and 
administration. These functions, as

[[Page 34049]]

described above, are not considered production of an article within the 
meaning of Section 222 of the Trade Act of 1974.
    The allegation of a shift to another country might be relevant if 
it was determined that workers of the subject firm produced an article. 
Since the investigation determined that workers of the subject firm do 
not produce an article, there can not be imports nor a shift in 
production of an ``article'' abroad within the meaning of the Trade Act 
of 1974 in this instance.
    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 9th day of June 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-13406 Filed 6-13-08; 8:45 am]
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