99-20667. Siemens ICN a/k/a Siemens Information Communications Networks, Inc., Cherry Hill, NJ; Notice of Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 64, Number 154 (Wednesday, August 11, 1999)]
[Notices]
[Pages 43728-43729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20667]


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DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-35,967]


Siemens ICN a/k/a Siemens Information Communications Networks, 
Inc., Cherry Hill, NJ; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application dated May 7, 1999, petitioners 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 April 20, 1999, and 
published in the Federal Register on May 21, 1999 (64 FR 27810).
    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 investigation findings for the April 20 denial of TAA for 
workers of Siemens ICN producing communication and voice messaging 
servers and business telephones in Cherry Hill, New Jersey showed that 
criterion (3) of the group eligibility requirements of Section 222 of 
the Trade Act was not met. The work performed in Cherry Hill was 
transferred to another domestic facility. Sales at the subject plant 
increased prior to the shift in production.
    The petitioners assert that the business phones manufactured in 
Austin, Texas were to be transferred to Cherry Hill. Siemens ICN, 
however, opted to import the product from Germany. The Department's 
investigation revealed that the business phones manufactured and 
imported from Germany are not like or directly competitive with those 
which were produced in Cherry Hill, New Jersey.

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

[[Page 43729]]

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

    Signed at Washington, DC, this 19th day of July 1999.
Grant D. Beale,
Program Manager, Office of Trade Adjustment Assistance.
[FR Doc. 99-20667 Filed 8-10-99; 8:45 am]
BILLING CODE 4510-30-M