Intel Corporation, Optical Platform Division, Newark, CA; Notice of Negative Determination Regarding Application for Reconsideration, 27853 [E7-9477]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Notices]
[Page 27853]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9477]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,083]


Intel Corporation, Optical Platform Division, Newark, CA; Notice 
of Negative Determination Regarding Application for Reconsideration

    By application dated April 20, 2007, petitioners requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA) and 
Alternative Trade Adjustment Assistance (ATAA). The denial notice was 
signed on April 6, 2007 and published in the Federal Register on April 
24, 2007 (72 FR 20371).
    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 TAA petition, filed on behalf of workers at Intel Corporation, 
Optical Platform Division, Newark, California engaged in production of 
optical modules for networking and communication equipment was denied 
because the ``contributed importantly'' group eligibility requirement 
of Section 222 of the Trade Act of 1974 was not met. The investigation 
revealed that production of optical modules for networking and 
communication equipment was shifted to Thailand, however, there were no 
imports of optical modules into the United States in 2005 and 2006.
    In the request for reconsideration, the petitioner stated that the 
subject firm also manufactured transponders and that this production 
was shifted to Malaysia in 2003. The petitioner further stated that the 
subject firm has been importing transponders back into the United 
States.
    A contact with the company official confirmed what was revealed 
during the initial investigation. It was determined that the subject 
firm ceased production of transponders at the end of 2005, when all 
production of transponders was shifted to Malaysia.
    In its investigation, the Department must conform to the Trade Act 
and associated regulations. Therefore, the Department considers 
production and imports that occurred within a year prior to the date of 
the petition. Thus the events occurring in 2005 are outside of the 
relevant period as established by the current petition date of February 
28, 2007. Shift in production of transponders and imports of 
transponders are irrelevant for this investigation as Intel 
Corporation, Optical Platform Division, Newark, California did not 
manufacture transponders for sale in 2006 and January through February 
of 2007.
    The request for reconsideration also states that production of 
optical modules for networking and communication equipment was shifted 
to Thailand and that the subject firm has been progressively increasing 
imports of optical modules from Thailand into the United States.
    The review of the initial investigation and further contact with 
the company official did reveal that the subject firm shifted 
production of optical modules to Thailand. However, Thailand is not a 
country that is a party to a free trade agreement with the United 
States or is a beneficiary country under the Andean Trade Preference 
Act, African Growth and Opportunity Act, or the Caribbean Basin 
Economic Recovery Act. The company official stated that modules, which 
are manufactured in Thailand are not sold directly to customers, with 
the exception of one customer in Japan. All modules are shipped from 
Thailand to Intel's facility in Malaysia to be further integrated into 
finished product, transponders. Transponders are further sold to 
customers, who might import them into the United States.
    In order to establish import impact, the Department must consider 
imports that are like or directly competitive with those produced at 
the subject firm. The company official verified that Intel Corporation, 
Optical Platform Division, Newark, California did not import optical 
modules for networking and communication equipment in 2006 and January 
through February of 2007. Any imports of transponders are not like or 
directly competitive with optical modules as required by 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 at Washington, DC, this 9th day of May, 2007.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-9477 Filed 5-16-07; 8:45 am]
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