Agilent Technologies, Inc. Wireless Business Unit a Division of the Electronic Measurements Group Loveland, CO; Notice of Termination of Investigation, 68094 [05-22328]

Download as PDF 68094 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices customers and that there are no products manufactured within the subject firm. 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, testing and technical assistance 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. Furthermore, workers of the subject firm did not support production of an article at any affiliated facility. The petitioner further alleges that because workers lost their jobs due to a transfer of job functions to Canada, petitioning workers should be considered import impacted. The company official stated that the positions of six technical support representatives were moved to a Canadian office as a result of the closure of the subject firm. Technical support of informational documentation that is electronically transmitted is not considered production within the context of TAA eligibility requirements. Further, as software and technical documentation do not become products until they are recorded on media device, there was no VerDate jul<14>2003 16:18 Nov 08, 2005 Jkt 208001 shift in production of an ‘‘article’’ abroad within the meaning of the Trade Act of 1974. Service workers can be certified only if worker separations are caused by a reduced demand for their services from a parent or controlling firm or subdivision whose workers produce an article domestically who meet the eligibility requirements, or if the group of workers are leased workers who perform their duties on-site at a facility that meet the eligibility requirements. 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 ACCPAC International, Inc., Customer Support, Santa Rosa, California. Signed at Washington, DC this 21st day of October, 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. 05–22323 Filed 11–8–05; 8:45 am] BILLING CODE 4510–30–U DEPARTMENT OF LABOR Employment and Training Administration [TA–W–58,097] Agilent Technologies, Inc. Wireless Business Unit a Division of the Electronic Measurements Group Loveland, CO; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on October 7, 2005, in response to a petition filed by a State agency representative on behalf of workers of Agilent Technologies, Inc., Wireless Business Unit, a division of the Electronics Measurements Group, Loveland, Colorado. The petitioning group of workers is covered by a current certification (TA– W–57,742J) issued on September 30, 2005, applicable to all workers of Agilent Technologies, Inc., Electronics Measurement Group, Loveland, Colorado. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Signed at Washington, DC this 20th day of October, 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. 05–22328 Filed 11–8–05; 8:45 am] DEPARTMENT OF LABOR Employment and Training Administration BILLING CODE 4510–30–P [TA–W–58,081] Accufab Industries New Freedom, PA; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on October 6, 2005 in response to a petition filed by a company official on behalf of workers at Accufab Industries, New Freedom, Pennsylvania. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC this 31st day of October, 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. 05–22327 Filed 11–8–05; 8:45 am] BILLING CODE 4510–30–P PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance Petitions have been filed with the Secretary of Labor under section 221(a) of the Trade Act of 1974 (‘‘the Act’’) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. E:\FR\FM\09NON1.SGM pfrm13 PsN: 09NON1

Agencies

[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Notices]
[Page 68094]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22328]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-58,097]


Agilent Technologies, Inc. Wireless Business Unit a Division of 
the Electronic Measurements Group Loveland, CO; Notice of Termination 
of Investigation

    Pursuant to section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on October 7, 2005, in response to a 
petition filed by a State agency representative on behalf of workers of 
Agilent Technologies, Inc., Wireless Business Unit, a division of the 
Electronics Measurements Group, Loveland, Colorado.
    The petitioning group of workers is covered by a current 
certification (TA-W-57,742J) issued on September 30, 2005, applicable 
to all workers of Agilent Technologies, Inc., Electronics Measurement 
Group, Loveland, Colorado. Consequently, further investigation in this 
case would serve no purpose, and the investigation has been terminated.

    Signed at Washington, DC this 20th day of October, 2005.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 05-22328 Filed 11-8-05; 8:45 am]
BILLING CODE 4510-30-P