E4-892. Ameriphone, Inc., a Wholly Owned Subsidiary of Plantronics, Inc., Garden Grove, CA; Notice of Revised Determination on Remand  

  • [Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
    [Notices]
    [Pages 21162-21163]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: E4-892]
    
    
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    DEPARTMENT OF LABOR
    
    Employment and Training Administration
    
    [NAFTA-06385]
    
    
    Ameriphone, Inc., a Wholly Owned Subsidiary of Plantronics, Inc., 
    Garden Grove, CA; Notice of Revised Determination on Remand
    
        The United States Court of International Trade (USCIT) granted the 
    Secretary of Labor's motion for a voluntary remand for further 
    investigation in Former Employees of Ameriphone, Inc. v. U.S. Secretary 
    of Labor (Court No. 03-00243).
        The Department's initial denial of NAFTA-Transitional Adjustment 
    Assistance (NAFTA-6385) for the workers of Ameriphone, Inc., a wholly 
    owned subsidiary of Plantronics, Inc., Garden Grove, California 
    (hereafter ``Ameriphone''), was issued on September 11, 2002 and 
    published in the Federal Register on September 27, 2002 (67 FR 61160). 
    The denial was based on the finding that the workers at the subject 
    facility did not produce an article as required by Section 250 of the 
    Trade Act of 1974.
        On March 10, 2003, the Department issued a Notice of Negative 
    Determination Regarding Application for Reconsideration for NAFTA-6385 
    and published in the Federal Register on March 18, 2003 (68 FR 12938).
        In the request for reconsideration, the petitioner alleged that the 
    workers were engaged in the final phase of production (inspecting, 
    testing and modifying products) as well as prototype design and 
    production. In the reconsideration investigation, the Department found 
    that the articulated functions constituted a negligible portion of the 
    work performed at the subject facility and that the workers were, in 
    fact, service providers.
        On voluntary remand, the Department contacted the company and 
    requested detailed information regarding the workers' functions at the 
    subject facility. The newly obtained information revealed that workers 
    at the subject facility were engaged in production. The
    
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    new information also revealed that a significant portion of the 
    production performed at the subject facility was shifted to Mexico 
    impacting workers at the subject plant.
    
    Conclusion
    
        After careful review of the additional facts obtained on remand, I 
    conclude that a shift of production to Mexico of products like or 
    directly competitive with those produced at the subject firm 
    contributed importantly to the declines in sales or production and to 
    the total or partial separation of workers of Ameriphone, Inc., Garden 
    Grove, California. In accordance with the provisions of the Act, I make 
    the following certification:
    
        ``All workers of Ameriphone, Inc., a wholly owned subsidiary of 
    Plantronics, Inc., Garden Grove, California, who became totally or 
    partially separated from employment on or after June 24, 2001 
    through two years of this certification, are eligible to apply for 
    NAFTA-TAA under Section 250 of the Trade Act of 1974.''
    
        Signed at Washington, DC, this 1st day of October, 2003.
    Elliott S. Kushner,
    Certifying Officer, Division of Trade Adjustment Assistance.
    
        Editorial Note: This document was received in the Office of the 
    Federal Register on April 15, 2004.
    
     [FR Doc. E4-892 Filed 4-19-04; 8:45 am]
    BILLING CODE 4510-13-P
    
    
    

Document Information

Published:
04/20/2004
Department:
Employment and Training Administration
Entry Type:
Notice
Document Number:
E4-892
Pages:
21162-21163 (2 pages)
Docket Numbers:
NAFTA-06385
PDF File:
e4-892.pdf