[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Notices]
[Page 21033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8980]


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 DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-74,364]


International Business Machines (IBM), Sales and Distribution 
Business Unit, Global Sales Solution Department, Off-Site Teleworker in 
Centerport, New York; Notice of Affirmative Determination Regarding 
Application for Reconsideration

    By application dated November 29, 2011, by a petitioner requested 
administrative reconsideration of the negative determination regarding 
workers' eligibility to apply for Trade Adjustment Assistance (TAA) 
applicable to workers and former workers of International Business 
Machines (IBM), Sales and Distribution Business Unit, Global Sales 
Solution Department, off-site teleworker, Centerport, New York (subject 
firm). The determination was issued on October 29, 2010. The 
Department's Notice of Determination was published in the Federal 
Register on November 17, 2010 (75 FR 70296). The workers supply 
computer software development and maintenance services for the Sales 
and Distribution Business Unit.
    The negative determination was based on the findings that Criterion 
I has not been met because fewer than three workers were separated and 
further separations are not threatened.
    With respect to Section 222(c) of the Act, the investigation 
revealed that Criterion (1) has not been met because fewer than three 
workers were separated and further separations are not threatened. The 
investigation also revealed that the group eligibility requirements 
under Section 222(f) of the Act, 19 U.S.C. 2272(f), have not been 
satisfied because the workers' firm has not been identified in an 
affirmative finding of injury by the International Trade Commission.
    In the request for reconsideration, the petitioner alleged that the 
subject firm outsourced their job as well as 2,544 other IBM jobs to 
India.
    The Department has carefully reviewed the request for 
reconsideration and the existing record, and has determined that there 
may have been a misinterpretation of the worker group. 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, on this 6th day of April 2011.
 Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-8980 Filed 4-13-11; 8:45 am]
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