[Federal Register Volume 74, Number 34 (Monday, February 23, 2009)]
[Notices]
[Pages 8118-8119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3730]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,272]


The Nielsen Company (US), LLC, Fond Du Lac, WI; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated January 3, 2009, the petitioners requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA), 
applicable to workers and former workers of the subject firm. The 
denial notice was signed on November 21, 2008 and published in the 
Federal Register on December 10, 2008 (73 FR 75136).
    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 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The negative TAA determination issued by the Department for workers 
of the Nielsen Company (US), LLC, Fond Du Lac, Wisconsin 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 investigation 
revealed that workers of the subject firm compile databases derived 
from marketing surveys. The investigation further revealed that no 
production of article(s) occurred within the firm or appropriate 
subdivision during the relevant period.
    The petitioner in the request for reconsideration contends that the 
Department erred in its interpretation of the work performed by the 
workers of the subject firm. The petitioner states that the workers of 
the subject firm ``produce databases that are bought and paid for on a 
weekly basis''. The petitioner also indicates that even though they 
performed ``computer jobs'', these ``technical jobs'' should be 
considered as production jobs.
    The investigation revealed that the Nielsen Company is the 
marketing research organization that provides marketing research 
services to various manufacturers of consumer products or large 
retailers. No articles are produced within Nielsen Company. The workers 
of the Nielsen Company (US), LLC, Fond Du Lac, Wisconsin receive raw 
scanner data from the retailers, analyze the data and compile the 
information into the databases, which are used by clients on a 
syndicated basis so they can monitor how their products are being 
purchased in comparison to competing products in the marketplace. The 
workers of the subject firm support marketing research service 
functions of the Nielsen Company.
    These functions, as described above, are not considered production 
of an article within the meaning of Section 222 of the Trade Act. While 
the provision of services may result in printed material or can be 
stored electronically, it is incidental to the provision of these 
services. Databases created by workers of the subject firm are used by 
the Nielsen Company as incidental to marketing research services 
provided by the subject firm. No production took place at the subject 
facility nor did the workers support production of an article at any 
domestic affiliated location during the relevant period.
    The petitioner also alleges that job functions have been shifted 
from the subject firm overseas.
    The company official confirmed that Product Reference coding 
functions

[[Page 8119]]

were shifted to India. The allegation of a shift to another country 
might be relevant if it was determined that workers of the subject firm 
produced an article. However, the investigation determined that workers 
of Nielsen Company (US), LLC, Fond Du Lac, Wisconsin do not produce an 
article within the meaning of Section 222 of the Trade Act of 1974. 
Therefore, there are no imports of articles which negatively impacted 
workers of the subject firm.

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 4th day of February 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-3730 Filed 2-20-09; 8:45 am]
BILLING CODE 4510-FN-P