[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Notices]
[Page 19997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9938]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,591]


Gensym Corporation, a Subsidiary of Versata Enterprises, Inc., 
Burlington, MA; Notice of Negative Determination on Reconsideration

    On March 2, 2009, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The notice was published in the 
Federal Register on March 11, 2009 (74 FR 10616-10617).
    The initial investigation resulted in a negative determination 
based on the finding that 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 Gensym Corporation, a subsidiary 
of Versata Enterprises, Inc., Burlington, Massachusetts were engaged in 
IT sales, consulting, customer support services, finance and human 
resources services.
    In the request for reconsideration the petitioner contends that the 
Department erred in its interpretation of the work performed by the 
workers of the subject firm. The petitioner states that workers of the 
subject firm produced several software products, such as G2, Rethink 
and Neuron-line.
    On reconsideration, the Department contacted a company official and 
requested additional information regarding the production of software 
by Gensym Corporation and whether workers of the subject firm were 
engaged in production of the above mentioned products during the 
relevant period.
    The company official stated that the workers of the subject firm 
did produce software. However, the company official also stated that 
all software products, including the software mentioned by the 
petitioner in the request for reconsideration, were designed and 
developed prior to October 2007. The company official further provided 
information to confirm that no production of software took place at the 
subject firm during the relevant period.
    When assessing eligibility for TAA, the Department exclusively 
considers production during the relevant period (one year prior to the 
date of the petition). Events occurring prior to October 2007 are 
outside of the relevant time period as established by the petition date 
of December 2, 2008, and thus cannot be considered in this 
investigation.
    The investigation revealed that during the relevant period, the 
workers of Gensym Corporation, a subsidiary of Versata Enterprises, 
Inc., Burlington, Massachusetts, sold licenses to already established 
products, provided customer support and enhancement services for the 
licensed software and performed finance and human resources services.
    These functions, as described above, are not considered production 
of an article within the meaning of Section 222 of the Trade Act. No 
production took place at the subject facility during the relevant 
period, nor did the workers support production of an article at any 
domestic location during the relevant period.
    The petitioner also alleges that job functions have been shifted 
from the subject firm to India, China and Mexico.
    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 Gensym 
Corporation, a subsidiary of Versata Enterprises, Inc., Burlington, 
Massachusetts, do not produce an article within the meaning of Section 
222 of the Trade Act of 1974.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Gensym Corporation, a subsidiary of 
Versata Enterprises, Inc., Burlington, Massachusetts.

    Signed at Washington, DC, this 21st day of April 2009.
Elliott S. Kushner
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-9938 Filed 4-29-09; 8:45 am]
BILLING CODE 4510-FN-P