Galileo International Division of Cendant Corporation, Centennial, CO; Notice of Negative Determination on Reconsideration, 58474-58475 [E5-5481]
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Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Notices
on 202–693–4122 (this is not a toll-free
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whether the information will have
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• Enhance the quality, utility and
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• Minimize the burden of the
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use of appropriate automated,
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technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
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Agency: Employment and Training
Administration (ETA).
Type of Review: Extension of a
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Title: Program Monitoring Report and
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OMB Number: 1205–0039.
Frequency: On occasion; Quarterly.
Affected Public: State, Local, or Tribal
government.
Type of Response: Recordkeeping;
Reporting.
Number of Respondents: 52.
Annual Responses: 208.
Average Response Time: ETA Form
8429 is 8 minutes and recordkeeping
time is 30 minutes; ETA Form 5148 is
70 minutes and recordkeeping time is
1.12 hours.
Total Annual Burden Hours: 1,566.
Total Annualized Capital/Startup
Costs: 0.
Total Annual Costs (operating/
maintaining systems or purchasing
services): 0.
Description: These forms are
necessary as part of Federal regulations
at 20 CFR part 651, 653 and 658
published as a result of NAACP v.
Secretary of Labor. The forms allow
ETA to track regulatory compliance of
services provided to Migrant and
VerDate Aug<31>2005
19:52 Oct 05, 2005
Jkt 208001
Seasonal Farmworkers by State
Employment Workforce Agencies.
Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. 05–20079 Filed 10–5–05; 8:45 am]
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–57,908]
BILLING CODE 4510–30–P
Casair, Inc.; Stanton, MI; Notice of
Termination of Investigation
DEPARTMENT OF LABOR
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on
September 9, 2005 in response to a
worker petition filed by a company
official on behalf of workers at Casair,
Inc., Stanton, Michigan.
An active certification covering the
petitioning group of workers is already
in effect (TA–W–57,399, as amended).
Consequently, further investigation in
this case would serve no purpose, and
the investigation has been terminated.
Employment and Training
Administration
[TA–W–56,114]
Bourns Microelectronics Modules, Inc.,
a Subsidiary of Bourns, Inc., New
Berlin, WI; Amended Notice of Revised
Determination on Remand
In accordance with Section 223 of the
Trade Act of 1974 (19 U.S.C. 2273) the
Department of Labor issued a Notice of
Revised Determination On Remand on
August 16, 2005, applicable to workers
of Bourns Microelectronics Modules,
Inc., a subsidiary of Bourns, Inc., New
Berlin, Wisconsin. The notice was
published in the Federal Register on
August 26, 2005 (70 FR 50409–50410).
At the request of the State agency, the
Department reviewed the certification
for workers of the subject firm. The
workers were engaged in the production
of computer modules.
The purpose of this amendment is to
clarify that individuals who received
any benefits under trade adjustment
assistance case number TA–W–42,217
may not receive any benefits under
trade adjustment assistance case number
TA–W–56,114 for the same separation
from employment.
The amended certification applicable
to TA–W–56,114 is hereby issued as
follows:
All workers of Bourns Microelectronics
Modules, Inc., a subsidiary of Bourns, Inc.,
New Berlin, Wisconsin, who became totally
or partially separated from employment on or
after December 3, 2003 through August 16,
2007, are eligible under Section 223 to apply
for adjustment assistance of the Trade Act of
1974, and are also eligible to apply for
alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, except
that individuals who received any benefits
under trade adjustment assistance case
number TA–W–42,217 may not receive any
benefits under trade adjustment assistance
case number TA–W–56,114 for the same
separation from employment.
Signed at Washington, DC this 14th day of
September 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–5476 Filed 10–5–05; 8:45 am]
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Frm 00105
Fmt 4703
Sfmt 4703
Signed at Washington, DC this 15th day of
September 2005.
Richard Church,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–5484 Filed 10–5–05; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–57,065]
Galileo International Division of
Cendant Corporation, Centennial, CO;
Notice of Negative Determination on
Reconsideration
On August 9, 2005, the Department
issued an Affirmative Determination
Regarding Application for
Reconsideration for the workers and
former workers of the subject firm. The
notice was published in the Federal
Register on August 18, 2005 (70 FR
48604–48605).
The petition for the workers of Galileo
International, Division of Cendant
Corporation, Centennial, Colorado
engaged in software development was
denied because the petitioning workers
did not produce an article within the
meaning of section 222 of the Act.
The petitioner contends that the
Department erred in its interpretation of
work performed at the subject facility as
a service and further conveys that
software developed by the subject firm
was sold to travel agents, travel
suppliers and corporation travel offices.
The petitioner included the brochures
with the description of the software as
well as the company Web site which
advertises the ‘‘articles’’, in order to
E:\FR\FM\06OCN1.SGM
06OCN1
Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Notices
support the allegation that workers of
the subject firm produce an article.
A company official was contacted for
clarification in regard to the nature of
the work performed at the subject
facility. The official stated the
petitioning group of workers at the
subject firm was responsible for
software development, in particular
design, programming, testing and
maintenance/support. The official
further clarified that customers can
either access and download software via
the Internet or purchase CD–ROMs with
the desktop software. The official stated
that the desktop client software
developed at the subject firm is mass
produced in a CD form for further
distribution to customers.
The sophistication of the work
involved is not an issue in ascertaining
whether the petitioning workers are
eligible for trade adjustment assistance,
but rather only whether they produced
an article within the meaning of section
222 of the Trade Act of 1974.
Technical writing design,
programming and testing of the software
is not considered production of an
article within the meaning of Section
222 of the Trade Act. Petitioning
workers do not produce an ‘‘article’’
within the meaning of the Trade Act of
1974. Information electronic databases,
technical documentation and codes, are
not tangible commodities, and they are
not listed on the Harmonized Tariff
Schedule of the United States (HTS), as
classified by the United States
International Trade Commission
(USITC), Office of Tariff Affairs and
Trade Agreements, which describes
articles imported to the United States.
To be listed in the HTS, an article
would be subject to a duty on the tariff
schedule and have a value that makes it
marketable, fungible and
interchangeable for commercial
purposes. Although a wide variety of
tangible products are described as
articles and characterized as dutiable in
the HTS, informational products that
could historically be sent in letter form
and that can currently be electronically
transmitted are not listed in the HTS.
Such products are not the type of
products that customs officials inspect
and that the TAA program was generally
designed to address.
The investigation on reconsideration
supported the findings of the primary
investigation that the petitioning group
of workers does not produce an article.
However, it was revealed that electronic
desktop software created by the subject
company is recorded on media devices
(CD–ROMs) for further mass-production
and distribution. Thus, it was
determined that the petitioning group of
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19:52 Oct 05, 2005
Jkt 208001
service workers support production of
CD–ROMs containing software.
The Department conducted an
additional investigation to determine
whether workers can be considered
eligible for TAA as directly-impacted
workers in support of production of CD–
ROMs containing desktop software.
The group eligibility requirements for
directly-impacted (primary) workers
under section 222(a) the Trade Act of
1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following
must be satisfied:
A. A significant number or proportion
of the workers in such workers’ firm, or
an appropriate subdivision of the firm,
have become totally or partially
separated, or are threatened to become
totally or partially separated;
B. The sales or production, or both, of
such firm or subdivision have decreased
absolutely; and
C. Increased imports of articles like or
directly competitive with articles
produced by such firm or subdivision
have contributed importantly to such
workers’ separation or threat of
separation and to the decline in sales or
production of such firm or subdivision;
or
II. Section (a)(2)(B) both of the
following must be satisfied:
A. A significant number or proportion
of the workers in such workers’ firm, or
an appropriate subdivision of the firm,
have become totally or partially
separated, or are threatened to become
totally or partially separated;
B There has been a shift in production
by such workers’ firm or subdivision to
a foreign country of articles like or
directly competitive with articles which
are produced by such firm or
subdivision; and
C. One of the following must be
satisfied:
1. The country to which the workers’
firm has shifted production of the
articles is a party to a free trade
agreement with the United States;
2. The country to which the workers’
firm has shifted production of the
articles is a beneficiary country under
the Andean Trade Preference Act,
African Growth and Opportunity Act, or
the Caribbean Basin Economic Recovery
Act; or
3. There has been or is likely to be an
increase in imports of articles that are
like or directly competitive with articles
which are or were produced by such
firm or subdivision.
The investigation of Galileo
International, Travel Distribution
Services, Centennial, Colorado, revealed
that criteria (I.B) and (II.B) were not met.
According to the information provided
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Frm 00106
Fmt 4703
Sfmt 4703
58475
by the company official, sales and
production of CD–ROMs containing
desktop software did not decline during
the relevant time period. Moreover, the
subject firm did not shift production
abroad, nor did it increase company
imports of CD–ROMs containing
desktop software, during the relevant
period.
The petitioner further alleges that
because workers lost their jobs due to a
transfer of job functions to India,
petitioning workers should be
considered import impacted.
The company official stated that
coding and programming job functions
were outsourced to a third party joint
venture in India. The official also stated
that all design documents and other
documentation written in India is
returned to the United States through
electronic mail or Internet.
Technical writing of informational
documentation that is electronically
transmitted is not considered
production within the context of TAA
eligibility requirements, so there are no
imports of products in this instance.
Further, as the PDF files and technical
documentation do not become products
until they are recorded on media device,
there was no shift in production of an
‘‘article’’ abroad within the meaning of
the Trade Act of 1974.
Conclusion
After reconsideration, I affirm the
original notice of negative
determination of eligibility to apply for
worker adjustment assistance for
workers and former workers of Galileo
International, Travel Distribution
Services, Centennial, Colorado.
Signed at Washington, DC this 20th day of
September, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–5481 Filed 10–5–05; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Notice of Determinations Regarding
Eligibility To Apply for Worker
Adjustment Assistance
In accordance with Section 223 of the
Trade Act of 1974, as amended, (19
U.S.C. 2273), the Department of Labor
herein presents summaries of
determinations regarding eligibility to
apply for trade adjustment assistance for
workers (TA–W) number and alternative
trade adjustment assistance (ATAA) by
E:\FR\FM\06OCN1.SGM
06OCN1
]]>Agencies
[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Notices]
[Pages 58474-58475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5481]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-57,065]
Galileo International Division of Cendant Corporation,
Centennial, CO; Notice of Negative Determination on Reconsideration
On August 9, 2005, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the workers
and former workers of the subject firm. The notice was published in the
Federal Register on August 18, 2005 (70 FR 48604-48605).
The petition for the workers of Galileo International, Division of
Cendant Corporation, Centennial, Colorado engaged in software
development was denied because the petitioning workers did not produce
an article within the meaning of section 222 of the Act.
The petitioner contends that the Department erred in its
interpretation of work performed at the subject facility as a service
and further conveys that software developed by the subject firm was
sold to travel agents, travel suppliers and corporation travel offices.
The petitioner included the brochures with the description of the
software as well as the company Web site which advertises the
``articles'', in order to
[[Page 58475]]
support the allegation that workers of the subject firm produce an
article.
A company official was contacted for clarification in regard to the
nature of the work performed at the subject facility. The official
stated the petitioning group of workers at the subject firm was
responsible for software development, in particular design,
programming, testing and maintenance/support. The official further
clarified that customers can either access and download software via
the Internet or purchase CD-ROMs with the desktop software. The
official stated that the desktop client software developed at the
subject firm is mass produced in a CD form for further distribution to
customers.
The sophistication of the work involved is not an issue in
ascertaining whether the petitioning workers are eligible for trade
adjustment assistance, but rather only whether they produced an article
within the meaning of section 222 of the Trade Act of 1974.
Technical writing design, programming and testing of the software
is not considered production of an article within the meaning of
Section 222 of the Trade Act. Petitioning workers do not produce an
``article'' within the meaning of the Trade Act of 1974. Information
electronic databases, technical documentation and codes, are not
tangible commodities, and they are not listed on the Harmonized Tariff
Schedule of the United States (HTS), as classified by the United States
International Trade Commission (USITC), Office of Tariff Affairs and
Trade Agreements, which describes articles imported to the United
States.
To be listed in the HTS, an article would be subject to a duty on
the tariff schedule and have a value that makes it marketable, fungible
and interchangeable for commercial purposes. Although a wide variety of
tangible products are described as articles and characterized as
dutiable in the HTS, informational products that could historically be
sent in letter form and that can currently be electronically
transmitted are not listed in the HTS. Such products are not the type
of products that customs officials inspect and that the TAA program was
generally designed to address.
The investigation on reconsideration supported the findings of the
primary investigation that the petitioning group of workers does not
produce an article. However, it was revealed that electronic desktop
software created by the subject company is recorded on media devices
(CD-ROMs) for further mass-production and distribution. Thus, it was
determined that the petitioning group of service workers support
production of CD-ROMs containing software.
The Department conducted an additional investigation to determine
whether workers can be considered eligible for TAA as directly-impacted
workers in support of production of CD-ROMs containing desktop
software.
The group eligibility requirements for directly-impacted (primary)
workers under section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. A significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm, have become
totally or partially separated, or are threatened to become totally or
partially separated;
B. The sales or production, or both, of such firm or subdivision
have decreased absolutely; and
C. Increased imports of articles like or directly competitive with
articles produced by such firm or subdivision have contributed
importantly to such workers' separation or threat of separation and to
the decline in sales or production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. A significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm, have become
totally or partially separated, or are threatened to become totally or
partially separated;
B There has been a shift in production by such workers' firm or
subdivision to a foreign country of articles like or directly
competitive with articles which are produced by such firm or
subdivision; and
C. One of the following must be satisfied:
1. The country to which the workers' firm has shifted production of
the articles is a party to a free trade agreement with the United
States;
2. The country to which the workers' firm has shifted production of
the articles is a beneficiary country under the Andean Trade Preference
Act, African Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
3. There has been or is likely to be an increase in imports of
articles that are like or directly competitive with articles which are
or were produced by such firm or subdivision.
The investigation of Galileo International, Travel Distribution
Services, Centennial, Colorado, revealed that criteria (I.B) and (II.B)
were not met. According to the information provided by the company
official, sales and production of CD-ROMs containing desktop software
did not decline during the relevant time period. Moreover, the subject
firm did not shift production abroad, nor did it increase company
imports of CD-ROMs containing desktop software, during the relevant
period.
The petitioner further alleges that because workers lost their jobs
due to a transfer of job functions to India, petitioning workers should
be considered import impacted.
The company official stated that coding and programming job
functions were outsourced to a third party joint venture in India. The
official also stated that all design documents and other documentation
written in India is returned to the United States through electronic
mail or Internet.
Technical writing of informational documentation that is
electronically transmitted is not considered production within the
context of TAA eligibility requirements, so there are no imports of
products in this instance. Further, as the PDF files and technical
documentation do not become products until they are recorded on media
device, there was no shift in production of an ``article'' abroad
within the meaning of the Trade Act of 1974.
Conclusion
After reconsideration, I affirm the original notice of negative
determination of eligibility to apply for worker adjustment assistance
for workers and former workers of Galileo International, Travel
Distribution Services, Centennial, Colorado.
Signed at Washington, DC this 20th day of September, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-5481 Filed 10-5-05; 8:45 am]
BILLING CODE 4510-30-P
