[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Notices]
[Page 5832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2240]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-74,554]


International Business Machines (IBM), Software Group Business 
Unit, Optim Data Studio Tools QA, San Jose, CA; Notice of Affirmative 
Determination Regarding Application for Reconsideration

    By application dated November 29, 2010, a worker and a state 
workforce official requested administrative reconsideration of the 
Department of Labor'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 
October 29, 2010, and was published in the Federal Register on November 
17, 2010 (75 FR 70296).
    The negative determination of the TAA petition filed on behalf of 
workers at International Business Machines (IBM), Software Group 
Business Unit, Optim Data Studio Tools QA, San Jose, California was 
based on the finding that that Criterion (1) has not been met because 
fewer than three workers were separated from Optim Data Studio Tools QA 
and further separations are not threatened.
    In the request for reconsideration the petitioner stated that there 
were three more additional IBM employees working on the relevant 
product within the Data Studio Tools QA on a part-time basis and that 
the development for this product was shifted to a foreign country.
    The Department has carefully reviewed the request for 
reconsideration and the existing record, and has determined that the 
Department will conduct further investigation to determine if the 
petitioning workers meet the eligibility requirements of the Trade Act 
of 1974, as amended.

Conclusion

    After careful review of the application, I conclude that the claim 
is of sufficient weight to justify reconsideration of the U.S. 
Department of Labor's prior decision. The application is, therefore, 
granted.

    Signed at Washington, DC, this 21st day of January 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-2240 Filed 2-1-11; 8:45 am]
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