[Federal Register Volume 73, Number 120 (Friday, June 20, 2008)]
[Notices]
[Pages 35166-35167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13977]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,193]


JP Morgan Chase & Co., JP Morgan Asset Management Fiduciary 
Administration--Court Accounting, Troy, MI; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated June 6, 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 13, 2008 and 
published in the Federal Register on May 29, 2008 (73 FR 30978).
    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 JP Morgan Chase & Co., JP Morgan Asset Management, Fiduciary 
Administration--Court Accounting, Troy, Michigan 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 employment at the subject firm was 
negatively impacted by a shift of job functions to India. The 
petitioner also states that regardless of whether the workers of the 
subject firm produce a product or provide services, they should be 
certified eligible for Trade Adjustment Assistance.
    The investigation revealed that the workers of JP Morgan Chase & 
Co., JP Morgan Asset Management, Fiduciary Administration--Court 
Accounting, Troy, Michigan are engaged in preparing trust and account 
transaction histories, and asset inventory lists for various county 
courts and/or other clients. These functions, as described above, are

[[Page 35167]]

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 JP Morgan Chase & 
Co., JP Morgan Asset Management, Fiduciary Administration--Court 
Accounting, Troy, Michigan do not produce an article, there cannot 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. E8-13977 Filed 6-19-08; 8:45 am]
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