[Federal Register: July 31, 2006 (Volume 71, Number 146)]
[Notices]               
[Page 43214-43215]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy06-101]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-58,808]

 
Lexmark International, Inc., Supply Chain Workforce, Printing 
Solutions & Services Division, Lexington, KY; Notice of Negative 
Determination on Reconsideration

    On April 13, 2006, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Lexmark International, Inc., Supply Chain 
Workforce, Printing Solutions & Services Division, Lexington, Kentucky 
(subject firm). The Notice was published in the Federal Register on 
April 24, 2006 (71 FR 21042).
    The subject workers are engaged in product planning, purchasing of 
components, support and engineering, logistics, operations, and vendor 
relations.
    In the initial investigation, the Department had determined that 
although production occurred within the firm or appropriate 
subdivision, the subject workers do not directly support this 
production. The Department had also found that the predominant cause of 
worker separations was Lexmark International, Inc.'s decision to 
position tasks to other domestic locations in order to be closer to 
their production partners and customers, who are located worldwide.
    Workers of Lexmark International, Inc., Lexington, Kentucky were 
certified as eligible to apply for Trade Adjustment Assistance (TAA) on 
February 12, 2002 (TA-W-40,395) based on increased company imports of 
printers and inkjet cartridges.

[[Page 43215]]

    In the request for reconsideration, the petitioner asserts that the 
subject workers supported the production of components (ink) of 
articles produced by the subject firm (ink and printer cartridges) and 
that their support functions were shifted abroad when cartridge 
production shifted abroad.
    New information provided by the subject firm during the 
reconsideration investigation supports the finding that the subject 
workers purchased ink components which were used in the ink that was 
inserted into the ink cartridges which were used in the printers 
produced by the subject firm. As such, the workers are an integral part 
of ink and printer cartridge production.
    Under the statute, the subject worker group must be employed by a 
firm (or an appropriate subdivision) which produced an article 
domestically during the twelve month period prior to the petition date. 
During the reconsideration investigation, the Department confirmed that 
neither the subject firm nor Lexmark International, Inc. produced ink 
or cartridges domestically during the relevant perioid.
    Therefore, the Department determines that the subject workers are 
not employed by a company covered by the statute and are not eligible 
to apply for TAA.
    In addition, in accordance with section 246 of the Trade Act of 
1974 (26 U.S.C. 2813), as amended, the Department herein presents the 
results of its investigation regarding certification of eligibility to 
apply for ATAA for older workers.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the subject worker group must be certified eligible 
to apply for TAA. Since the subject workers are denied eligibility to 
apply for TAA, they cannot be certified eligible for ATAA.

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 revision of the Department of 
Labor's prior decision. Accordingly, the application is denied.

    Signed at Washington, DC, this 19th day of July 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E6-12196 Filed 7-28-06; 8:45 am]

BILLING CODE 4510-30-P