[Federal Register Volume 73, Number 213 (Monday, November 3, 2008)]
[Notices]
[Page 65411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26050]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,758]


Lear Corporation; Quality Control and Inspection Department; 950 
Loma Verde Drive, El Paso, TX; Notice of Revised Determination on 
Reconsideration

    On October 3, 2008, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration applicable to 
workers and former workers of Lear Corporation, Quality Control and 
Inspection Department, located at 950 Loma Verde Drive, El Paso, Texas 
(subject firm). The Department's Notice was published in the Federal 
Register on October 10, 2008 (73 FR 60338).
    The negative determination was based on the Department's finding 
that the subject firm does not produce an article within the meaning of 
Section 222(a)(2) of the Act. Workers inspected wire harness component 
parts. The determination further stated that because the subject 
workers are denied eligibility to apply for trade adjustment assistance 
(TAA), the workers cannot be certified eligible for alternative trade 
adjustment assistance (ATAA).
    In the request for reconsideration, the worker alleges that his 
work ``is directly involved in the manufacturing of the final product'' 
and that ``Lear Corporation took our jobs to Mexico.'' The worker also 
alleges that he is in the Product Part Approval Process Department, 
which is separate from the Quality Control and Inspection Department.
    During the reconsideration investigation, the Department clarified 
with a subject human resource official that the worker group engaged in 
the Product Part Approval Process are part of the Quality Control and 
Inspection Department. Therefore, the Department determines that the 
initial identification of the subject worker group are workers of Lear 
Corporation, Quality Control and Inspection Department, located at 950 
Loma Verde Drive, El Paso, Texas is correct.
    A careful review of previously-submitted information during the 
reconsideration investigation revealed that a significant number or 
proportion of workers in the appropriate subdivision of the workers' 
firm have become totally or partially separated.
    During the reconsideration investigation, the Department confirmed 
that the workers were engaged in the inspection of wire harness 
component parts and was also informed that the workers were engaged in 
the testing of those articles. The Department considers testing to be a 
production activity. As such, the Department determines that the 
subject workers are engaged in the production of wire harness component 
parts.
    During the reconsideration investigation, the Department confirmed 
that the subject firm shifted wire harness component part production to 
an affiliated facility located in Mexico.
    Based on the above, the Department determines that the group 
eligibility requirements in Section 222(a)(2)(B) of the Trade Act of 
1974, as amended, have been met.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department herein presents the results of its 
investigation regarding certification of eligibility to apply for ATAA.
    The Department has determined in this case that the group 
eligibility requirements of Section 246 have been met.
    A significant number of workers at the firm are age 50 or over and 
possess skills that are not easily transferable. Competitive conditions 
within the industry are adverse.

Conclusion

    After careful review of the facts obtained during the 
reconsideration investigation, I conclude that there was a shift in 
production from the workers' firm or subdivision to Mexico of articles 
that are like or directly competitive with those produced by the 
subject firm or subdivision.
    In accordance with the provisions of the Act, I make the following 
certification:

    ``All workers of Lear Corporation, Quality Control and 
Inspection Department, 950 Loma Verde Drive, El Paso, Texas, who 
became totally or partially separated from employment on or after 
July 25, 2007 through two years from the date of this certification, 
are eligible to apply for adjustment assistance under Section 223 of 
the Trade Act of 1974, and are eligible to apply for alternative 
trade adjustment assistance under Section 246 of the Trade Act of 
1974.''


    Signed at Washington, DC, this 22nd day of October 2008.
 Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-26050 Filed 10-31-08; 8:45 am]
BILLING CODE 4510-FN-P