[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Notices]
[Pages 37586-37587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14852]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-81,414]


TE Connectivity, CIS-Appliances Division, Including On-Site 
Leased Workers From Kelly Services, Jonestown, Pennsylvania; Notice of 
Negative Determination on Reconsideration

    On September 28, 2012, the Department of Labor issued an 
Affirmative Determination Regarding Application for Reconsideration for 
the workers and former workers of TE Connectivity, CIS-Appliances 
Division, Jonestown, Pennsylvania (hereafter referred to as ``the 
subject firm''). The workers are engaged in activities related to the 
production of electronic components and the supply of administrative 
support services (in support of production). The worker group includes 
on-site leased workers from Kelly Services.
    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 mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The initial investigation resulted in a negative determination 
based on the Department's findings of no increased imports by the 
subject firm of articles like or directly competitive with the 
electronic components produced by the subject workers. Further, 
aggregate imports of articles like or directly competitive with 
electronic components decreased during the relevant period. The 
investigation also revealed that the subject firm did not shift the 
production of electronic components, or a like or directly competitive 
article, to a foreign country or acquire such production from a foreign 
country. In addition, the investigation revealed that the subject firm 
is not a Supplier or Downstream Producer for a firm (or subdivision) 
that employed a group of workers who received a certification of 
eligibility under Section 222(a) of the Trade Act of 1974, as amended, 
19 U.S.C. 2272(a), and that the group eligibility requirements under 
Section 222(e) of the Trade Act of 1974, as amended, have not been 
satisfied.
    In the request for reconsideration, the worker supplied new 
information regarding a possible shift in the production of like or 
directly competitive articles to Mexico and/or China. Specifically, the 
workers alleged that they trained employees from facilities in Mexico 
and China and that dies were shifted to Mexico and China.
    During the reconsideration investigation, the subject firm company 
official confirmed that the workers of the subject firm were engaged in 
activities related to the production of electronic components, and that 
some of the workers performed administrative support services in 
support of production.
    The reconsideration investigation revealed that, although the 
subject firm shifted a portion of production to Mexico and China, the 
shift in production represented a negligible portion of overall 
production volume and, therefore, did not contribute importantly to 
worker separations or threat of separations.

[[Page 37587]]

    The Department also obtained information regarding the allegation 
of additional production being shifted to a foreign country. 
Specifically, the subject firm addressed the petitioner allegations in 
regard to training workers from other countries. The subject firm 
confirmed that the training was part of an effort to increase the skill 
level of employees across TE Connectivity. The Department also 
confirmed that, during 2010 to present, the subject firm did not shift 
any additional production or services, like or directly competitive 
with the articles and services produced and performed by the workers of 
the subject firm to Mexico, China, or any other country, nor is a shift 
in production or services scheduled to occur.
    The Department also reviewed the Trade Adjustment Assistance (TAA) 
certification of affiliated worker groups and confirmed that the 
subject firm does not produce any articles or perform any services like 
or directly competitive with those produced or supplied by worker 
groups eligible to apply for TAA.
    The reconsideration investigation also revealed no increased 
imports by the subject firm of articles or services like or directly 
competitive with articles and services produced or performed by the 
workers of the subject firm. The subject firm also confirmed that they 
did not contract to have like or directly competitive articles or 
services produced or performed in a foreign country.
    The subject firm confirmed that they do not supply components or 
services nor do they perform any finishing services for any of TAA 
certified locations; hence, the subject firm is not a Supplier, nor 
does it act as a Downstream Producer for, a firm (or subdivision, 
whichever is applicable) that employed a group of workers who received 
a certification of eligibility under Section 222(a) of the Act, 19 
U.S.C. 2272(a), and that the group eligibility requirements under 
Section 222(e) of the Act have not been satisfied.
    Therefore, after careful review of the request for reconsideration, 
the Department determines that 29 CFR 90.18(c) has not been met.

Conclusion

    After careful review, I determine that the requirements of Section 
222 of the Act, 19 U.S.C. 2272, have not been met and, therefore, deny 
the petition for group eligibility of TE Connectivity, CIS-Appliances 
Division, Jonestown, Pennsylvania, to apply for adjustment assistance, 
in accordance with Section 223 of the Act, 19 U.S.C. 2273.

    Signed in Washington, DC, on this 5th day of June, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-14852 Filed 6-20-13; 8:45 am]
BILLING CODE 4510-FN-P