[Federal Register: October 27, 2008 (Volume 73, Number 208)]
[Notices]               
[Page 63737]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc08-90]                         


[[Page 63737]]

-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,702]

 
Intermec Service Center, a Subsidiary of Intermec Technologies 
Corporation, Cedar Rapids, IA; Notice of Negative Determination 
Regarding Application for Reconsideration

    By application dated September 5, 2008, a 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 August 6, 2008 and 
published in the Federal Register on August 21, 2008 (73 FR 49492).
    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 negative TAA determination issued by the Department for workers 
of Intermec Service Center, a subsidiary of Intermec Technologies 
Corporation, Cedar Rapids, Iowa was based on the finding that the 
worker group does not produce an article within the meaning of Section 
222 of the Trade Act of 1974.
    The petitioner states that the workers of the subject firm are 
``repair technicians, shipping/receiving clerks, stockroom clerks, 
warehouse clerks, administrative persons, and service center 
management.'' The petitioner further states that workers of the subject 
firm were engaged in distribution of ``new Articles sold to 
customers.''
    The investigation revealed that workers of Intermec Service Center, 
a subsidiary of Intermec Technologies Corporation, Cedar Rapids, Iowa 
perform maintenance and repair on damaged or defective handheld 
computers, printers, and other items. Based on petitioner's 
allegations, the workers of the subject firm might also perform 
warehousing and distribution services. These functions, as described 
above, are not considered production of an article within the meaning 
of Section 222 of the Trade Act.

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 16th day of October 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-25461 Filed 10-24-08; 8:45 am]

BILLING CODE 4510-FN-P