[Federal Register: August 23, 2004 (Volume 69, Number 162)]
[Notices]               
[Page 51862]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au04-68]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-54,695]

 
C-Cor Corporation, Repair Services Department, Meriden, 
Connecticut; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application postmarked June 17, 2004, petitioners 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 C-Cor Corporation, Repair 
Services Department, Meriden, Connecticut was signed on May 25, 2004, 
and published in the Federal Register on June 17, 2004 (69 FR 33941).
    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 TAA petition was filed on behalf of workers at C-Cor 
Corporation, Repair Services Department, Meriden, Connecticut engaged 
in activities related to the repair of broadband communication 
products. The petition was denied because the petitioning workers did 
not produce an article within the meaning of section 222 of the Act.
    In the request for reconsideration, petitioners allege that the 
workers supported production of C-Cor products, namely electronic 
broadband equipment. They further state that the subject firm 
outsourced repair of its products to Mexico through the third party.
    A company official was contacted to clarify the work performed by 
the Repair Services Department. It was revealed that the subject group 
of workers did not support any production at the subject facility but 
performed repair services of the equipment produced by C-Cor 
Corporation in Meriden, Connecticut.
    The official further confirmed the fact established during the 
original investigation that C-Cor Corporation, Meriden, Connecticut 
outsourced its repair services to a non-affiliated domestic company in 
California, which was the cause of the job eliminations of the subject 
group of workers.
    Repair of products already purchased does not constitute production 
within the context of eligibility requirements for trade adjustment 
assistance.

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 in Washington, DC, this 12th day of August, 2004.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-19099 Filed 8-20-04; 8:45 am]

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