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