[Federal Register Volume 76, Number 203 (Thursday, October 20, 2011)]
[Notices]
[Pages 65216-65217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27162]


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 DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-80,219]


Beacon Medical Services, LLC, Aurora, CO; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application received July 25, 2011, a worker requested 
administrative reconsideration of the negative determination regarding 
workers' eligibility to apply for Trade Adjustment Assistance (TAA) 
applicable to workers and former workers of Beacon Medical Services, 
LLC, Aurora, Colorado (Beacon Medical Services). The negative 
determination was issued on June 22, 2011. The Department's Notice of 
Determination was published in the Federal Register on July 8, 2011 (76 
FR 40401). The workers of Beacon Medical Services are engaged in 
activities related

[[Page 65217]]

to the supply of third party medical billing and coding services.
    The petition filed on behalf of ``medical coders'' at Beacon 
Medical Services, LLC, Aurora, Colorado, states that ``our jobs were 
outsourced to India.''
    The negative determination was based on the Department's findings 
that Beacon Medical Services does not produce an article within the 
meaning of Section 222(a) or Section 222(b) of the Act. In order to be 
considered eligible to apply for adjustment assistance under Section 
223 of the Trade Act of 1974, the worker group seeking certification 
(or on whose behalf certification is being sought) must work for a 
``firm'' or appropriate subdivision that produces an article.
    Pursuant to 29 CFR 90.18(c), administrative 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.
    After the Trade Act of 2009 expired in February 2011, petitions for 
TAA were instituted under the Trade Adjustment Assistance Reform Act of 
2002 (Trade Act of 2002). Therefore, the statute applicable to TA-W-
80,219 is the Trade Act of 2002. The applicable regulation is codified 
in 29 CFR Part 90, Subpart B.
    Section 222 of the Trade Act of 2002 establishes the worker group 
eligibility requirements. The requirements include either ``imports of 
articles like or directly competitive with articles produced by such 
firm or subdivision have increased'' or ``a shift in production by such 
workers' firm or subdivision to a foreign country of articles like or 
directly competitive with articles which are produced by such firm or 
subdivision.''
    In the request for reconsideration, the petitioner asserts that 
Beacon Medical Services ``sent our jobs OVESEAS TO INDIA.''
    A shift in the supply of services (or like or directly competitive 
services) by Beacon Medical Services to a foreign country is not a 
basis for certification under the criteria set forth by the Trade Act 
of 2002.
    After careful review of the request for reconsideration, previously 
submitted materials, the applicable statute, and relevant regulation, 
the Department determines that there is no new information, mistake in 
fact, or misinterpretation of the facts or of the law.

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 at Washington, DC, this 4th day of October, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-27162 Filed 10-19-11; 8:45 am]
BILLING CODE 4510-FN-P