[Federal Register: August 7, 2003 (Volume 68, Number 152)]
[Notices]               
[Page 47096]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au03-88]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-51,103]

 
Toshiba America Electronic Components, Inc. Design Center, 
Beaverton, OR; Notice of Negative Determination Regarding Application 
for Reconsideration

    By application of July 16, 2003, a state agency representative 
requested administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA). The 
denial notice applicable to workers of Toshiba America Electronic 
Components, Inc. Design Center, Beaverton, Oregon was signed on April 
30, 2003, and published in the Federal Register on May 9, 2003 (68 FR 
25060).
    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 TAA petition was filed on behalf of workers at Toshiba America 
Electronic Components, Inc. Design Center, Beaverton, Oregon engaged in 
electronics design. The petition was denied because the petitioning 
workers did not produce an article within the meaning of Section 222 of 
the Act.
    The state agency representative alleges that the services performed 
by the workers are essential to production and therefore the workers 
should be eligible to apply for TAA.
    Design services do not constitute production according to the 
eligibility requirements for trade adjustment assistance.
    Only in very limited instances are service workers certified for 
TAA, namely the worker separations must be caused by a reduced demand 
for their services from a parent or controlling firm or subdivision 
whose workers produce an article and who are currently under 
certification for TAA.

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 18th day of July, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-20113 Filed 8-6-03; 8:45 am]

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