[Federal Register: July 7, 2003 (Volume 68, Number 129)]
[Notices]
[Page 40298-40299]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy03-115]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-50,489]
Corning, Inc., Photonic Technologies Division, Painted Post, New
York; Notice of Negative Determination Regarding Application for
Reconsideration
By application of March 13, 2003, a petitioner requested
administrative reconsideration of the Department'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 February 25, 2003, and
published in the Federal Register on March 10, 2003 (68 FR 11408).
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
misinterpretation of facts or of the law justified reconsideration of
the decision.
The petition for the workers of Corning, Inc., Photonic
Technologies Division, Painted Post, New York was denied because the
``contributed importantly'' group eligibility requirement of section
222(3) of the Trade Act of 1974, as amended, was not met. The
``contributed importantly'' test is generally demonstrated through a
survey of customers of the workers' firm. The survey revealed that none
of the respondents increased their purchases of imported amplifiers,
dispersion compensation modules, and fiber-based components. The
investigation revealed that the subject firm did not import products
like or directly competitive with amplifiers, dispersion compensation
modules, and fiber-based components during the relevant period of 2001
to 2002, nor did it transfer production abroad.
The petitioner states layoffs are attributable to imports by the
company and its customers of VOAs (variable optical attenuators), a
type of fiber-based component, and couplers, both of which are
components of optical amplifiers. In regard to the company
specifically, the petitioner alleges that specific VOA and coupler
imports came from Canada.
A company official was contacted regarding company import
allegations. The official stated that in fact the company did import
VOAs from Canada, but while the subject firm produced VOAs using
mechanical technology, the imported VOAs incorporated MEMS technology,
or Micro-Electro-Mechanical Systems, which is the integration of
mechanical elements, sensors, actuators and electronics on a common
substrate. As a result of this distinction, the MEMS VOAs are smaller
and much more efficient; further, the imported VOAs are not
interchangeable with the VOAs produced at Painted Post in that they
cannot be inserted in the same optical amplifiers. In regard to imports
of couplers, the company official confirmed that competitive imports
did occur in the relevant period; however, couplers comprised of a very
small portion of subject plant production.
The petitioner also alleges that customers of the subject firm
imported competitive products in the relevant period.
A review of the initial investigation revealed that customers of
the subject firm all reported competitive imports in the relevant
period, however their trends of import purchases declined more sharply
than their purchases from the Painted Post facility, thus they did not
increase reliance on imports.
The petitioners also attached a copy of a ``Certification Regarding
Eligibility To Apply for NAFTA-Transitional Adjustment Assistance'' for
the workers at Corning, Inc., Photonics Technologies/Monroe Photonic,
West Henrietta, New York (NAFTA-6130).
[[Page 40299]]
A review of that decision shows the workers produced different
products than the subject plant products and thus that decision is not
relevant to the work performed at the subject plant.
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 13th day of June, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-16889 Filed 7-3-03; 8:45 am]
BILLING CODE 4510-30-P