Xilinx, Inc., Albuquerque, NM; Notice of Affirmative Determination Regarding Application for Reconsideration, 7031 [2010-3016]

Download as PDF Federal Register / Vol. 75, No. 30 / Tuesday, February 16, 2010 / Notices eligibility requirements of the Trade Act of 1974. of Labor’s prior decision. The application is, therefore, granted. Conclusion Signed at Washington, DC, this 25th day of January, 2010. Del Min Amy Chen, Certifying Officer, Division of Trade Adjustment Assistance. After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor’s prior decision. The application is, therefore, granted. Signed at Washington, DC, this 21st day of January 2010. Del Min Amy Chen, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. 2010–3015 Filed 2–12–10; 8:45 am] DEPARTMENT OF LABOR Employment and Training Administration [TA–W–71,608] erowe on DSK5CLS3C1PROD with NOTICES Xilinx, Inc., Albuquerque, NM; Notice of Affirmative Determination Regarding Application for Reconsideration By application dated January 8, 2010, the petitioners requested administrative reconsideration of the negative determination regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers and former workers of the subject firm. The determination was issued on December 17, 2009. The Notice of Determination will soon be published in the Federal Register. The initial investigation resulted in a negative determination based on the finding that there was no increase in imports or shift/acquisition to or from abroad by the subject firm of services like or directly competitive with the internal engineering services supplied by workers of the subject firm. In the request for reconsideration, the petitioners alleged that Xilinx, Inc. shifted provision of engineering services to a foreign country and provided documentation to support their allegations. The Department has carefully reviewed the request for reconsideration and the existing record and has determined that the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department 13:44 Feb 12, 2010 Jkt 220001 BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance BILLING CODE 4510–FN–P VerDate Nov<24>2008 [FR Doc. 2010–3016 Filed 2–12–10; 8:45 am] 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 by (TA–W) number issued during the period of December 14 through December 31, 2009. In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Under Section 222(a)(2)(A), the following must be satisfied: (1) A significant number or proportion of the workers in such workers’ firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) The sales or production, or both, of such firm have decreased absolutely; and (3) One of the following must be satisfied: (A) Imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased; (B) Imports of articles like or directly competitive with articles into which one or more component parts produced by such firm are directly incorporated, have increased; (C) Imports of articles directly incorporating one or more component parts produced outside the United States that are like or directly competitive with imports of articles incorporating one or more component parts produced by such firm have increased; (D) Imports of articles like or directly competitive with articles which are produced directly using services supplied by such firm, have increased; and PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 7031 (4) The increase in imports contributed importantly to such workers’ separation or threat of separation and to the decline in the sales or production of such firm; or II. Section 222(a)(2)(B) all of the following must be satisfied: (1) A significant number or proportion of the workers in such workers’ firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) One of the following must be satisfied: (A) There has been a shift by the workers’ firm to a foreign country in the production of articles or supply of services like or directly competitive with those produced/supplied by the workers’ firm; (B) There has been an acquisition from a foreign country by the workers’ firm of articles/services that are like or directly competitive with those produced/supplied by the workers’ firm; and (3) The shift/acquisition contributed importantly to the workers’ separation or threat of separation. In order for an affirmative determination to be made for adversely affected workers in public agencies and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met. (1) A significant number or proportion of the workers in the public agency have become totally or partially separated, or are threatened to become totally or partially separated; (2) The public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency; and (3) The acquisition of services contributed importantly to such workers’ separation or threat of separation. In order for an affirmative determination to be made for adversely affected secondary workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(c) of the Act must be met. (1) A significant number or proportion of the workers in the workers’ firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) The workers’ firm is a Supplier or Downstream Producer to a firm that employed a group of workers who received a certification of eligibility under Section 222(a) of the Act, and such supply or production is related to E:\FR\FM\16FEN1.SGM 16FEN1

Agencies

[Federal Register Volume 75, Number 30 (Tuesday, February 16, 2010)]
[Notices]
[Page 7031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3016]


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 DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-71,608]


Xilinx, Inc., Albuquerque, NM; Notice of Affirmative 
Determination Regarding Application for Reconsideration

    By application dated January 8, 2010, the petitioners requested 
administrative reconsideration of the negative determination regarding 
workers' eligibility to apply for Trade Adjustment Assistance (TAA) 
applicable to workers and former workers of the subject firm. The 
determination was issued on December 17, 2009. The Notice of 
Determination will soon be published in the Federal Register.
    The initial investigation resulted in a negative determination 
based on the finding that there was no increase in imports or shift/
acquisition to or from abroad by the subject firm of services like or 
directly competitive with the internal engineering services supplied by 
workers of the subject firm.
    In the request for reconsideration, the petitioners alleged that 
Xilinx, Inc. shifted provision of engineering services to a foreign 
country and provided documentation to support their allegations.
    The Department has carefully reviewed the request for 
reconsideration and the existing record and has determined that the 
Department will conduct further investigation to determine if the 
workers meet the eligibility requirements of the Trade Act of 1974.

Conclusion

    After careful review of the application, I conclude that the claim 
is of sufficient weight to justify reconsideration of the U.S. 
Department of Labor's prior decision. The application is, therefore, 
granted.

    Signed at Washington, DC, this 25th day of January, 2010.
Del Min Amy Chen,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-3016 Filed 2-12-10; 8:45 am]
BILLING CODE 4510-FN-P
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