[Federal Register: August 20, 2003 (Volume 68, Number 161)]
[Notices]               
[Page 50195]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au03-95]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-51,001]

 
e-Gain Communications Corporation, Novato, CA; Notice of Revised 
Determination on Reconsideration

    By application of April 8, 2003, a petitioner requested 
administrative reconsideration regarding the Department's Negative 
Determination Regarding Eligibility to Apply for Worker Adjustment 
Assistance, applicable to the workers of the subject firm.
    The initial investigation resulted in a negative determination 
issued on March 18, 2003, based on the finding that the petitioning 
workers did not produce an article within the meaning of section 222 of 
the Act. The denial notice was published in the Federal Register on 
April 2, 2003 (68 FR 16094).
    The petitioner alleges that they produced a product.
    Upon further review during the reconsideration process, and contact 
with the company, it became apparent that the subject facility workers 
did produce a product (specifically, software which was marketed for 
retail sale) within the meaning of section 222 of the Act.
    In addition, it was revealed that the company shifted production of 
competitive software to India and subsequently began importing a 
significant portion of this production to U.S. customers during the 
relevant period.
    The investigation further revealed that employment declined at the 
subject firm during the relevant period.

Conclusion

    After careful review of the additional facts obtained on 
reconsideration, I conclude that increased imports of articles like or 
directly competitive with those produced at e-Gain Communications 
Corporation, Novato, California, contributed importantly to the 
declines in sales or production and to the total or partial separation 
of workers at the subject firm. In accordance with the provisions of 
the Act, I make the following certification:

    All workers of e-Gain Communications Corporation, Novato, 
California, who became totally or partially separated from 
employment on or after February 18, 2002 through two years from the 
date of this certification, are eligible to apply for adjustment 
assistance under section 223 of the Trade Act of 1974.

    Signed in Washington, DC this 8th day of August 2003.

Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-21281 Filed 8-19-03; 8:45 am]

BILLING CODE 4510-30-P