[Federal Register: December 12, 2007 (Volume 72, Number 238)]
[Notices]
[Page 70614-70615]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de07-71]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-61,976]
Intel Corporation, Mobile Wireless Networking Manufacturing/
Operations Division, Hillsboro, OR; Notice of Negative Determination
Regarding Application for Reconsideration
By application dated October 23, 2007, the 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 September 24, 2007 and
published in the Federal Register on October 12, 2007 (72 FR 58131).
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 Intel Corporation, Mobile Wireless
Networking Manufacturing/Operations Division, Hillsboro, Oregon engaged
in production of wireless cards for notebook computers was denied
because the ``contributed importantly'' group eligibility requirement
of Section 222 of the Trade Act of 1974, as amended, was not met. The
investigation revealed that worker separations at the subject firm are
attributed to worldwide restructuring of the company to increase
efficiencies. The investigation also revealed that production of
wireless cards for notebook computers was shifted from the subject firm
to Taiwan, which is not a party to a Free Trade Agreement with the
United States or a beneficiary country. The subject firm did not import
wireless cards for notebook computers and is not planning to import
these products in the future.
The petitioner alleges that ``activities were not restructured
across the company'', but were rather outsourced to suppliers in Asia.
The petitioner also alleges that production from the subject firm was
shifted to China, not Taiwan.
The initial investigation did reveal that production was shifted
from Intel Corporation, Mobile Wireless Networking Manufacturing/
Operations Division, Hillsboro, Oregon to Taiwan and further to China.
Neither Taiwan nor China are countries that are a party to Free Trade
Agreements with the United States or beneficiary countries. Thus a
shift in production to either China or Taiwan does not qualify workers
of the subject firm eligible for TAA.
The subject firm reported no imports of wireless cards for notebook
[[Page 70615]]
computers and there are no plans to import wireless cards for notebook
computers from China or Taiwan.
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 5th day of December, 2007.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-24021 Filed 12-11-07; 8:45 am]
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