Xpedite Systems, LLC; a Subsidiary of EasyLink Services International Corporation, Deerfield Beach, FL; Notice of Affirmative Determination Regarding Application for Reconsideration, 14698 [2011-6188]

Download as PDF 14698 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Notices (3) If in the opinion of the Certifying Officer, a misinterpretation of facts or of the law justified reconsideration of the decision. The initial negative determination was based on the findings that neither imports of articles like or directly competitive with packaging produced by the subject firm nor a shift in production to a foreign country by the subject firm contributed importantly to worker separations at the subject firm. In the request for reconsideration, the petitioner provided additional information and alleged that Shorewood Packaging shifted overseas the production at Springfield, Oregon. Information obtained from the subject firm during the reconsideration investigation clarified that the worker group was part of the Home Entertainment group. The subject firm also confirmed that production of Home Entertainment group articles were not shifted overseas. Rather, production was shifted to facilities located within the United States. Further, the articles produced at foreign facilities are neither like nor directly competitive with the Home Entertainment group packaging produced at the Springfield, Oregon facility. 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 Shorewood Packaging, a business unit of International Paper, Inc., Springfield, Oregon, on this 4th day of March, 2011 Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2011–6190 Filed 3–16–11; 8:45 am] BILLING CODE 4510–FN–P 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. DEPARTMENT OF LABOR Employment and Training Administration [TA–W–74,733] srobinson on DSKHWCL6B1PROD with NOTICES applicable to workers and former workers of Xpedite Systems, LLC, a subsidiary of EasyLink Services International Corporation, Deerfield Beach, Florida (subject firm). The determination was issued on January 26, 2011. The Department’s Notice of Determination was published in the Federal Register on February 2, 2011 (76 FR 7588). The workers provide communication, applications, and support services. The negative determination was based on the findings that imports of services like or directly competitive with those supplied by the workers did not increase during the relevant period; there has not been a shift to a foreign country by the workers’ firm in the supply of (like or directly competitive) services; and the subject firm did not supply a service that was used by a firm that employed a worker group eligible to apply for TAA and used the services supplied by the subject firm in the production of an article or supply of a service that was the basis for the aforementioned TAA certification. In the request for reconsideration, the petitioners alleged that ‘‘there was a contract between Xpedite and AppLabs, an Indian company, to do customer development work. * * * AppLabs employees located in India are writing/ testing custom software applications on Xpedite’s platform.’’ 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 petitioning workers meet the eligibility requirements of the Trade Act of 1974, as amended. Xpedite Systems, LLC; a Subsidiary of EasyLink Services International Corporation, Deerfield Beach, FL; Notice of Affirmative Determination Regarding Application for Reconsideration Signed at Washington, DC, this 4th day of March 2011. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. By application dated February 21, 2011, petitioners requested administrative reconsideration of the negative determination regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA) BILLING CODE 4510–FN–P VerDate Mar<15>2010 15:48 Mar 16, 2011 Jkt 223001 [FR Doc. 2011–6188 Filed 3–16–11; 8:45 am] DEPARTMENT OF LABOR Employment and Training Administration [TA–W–72,587] Raleigh Film and Television Studios, LLC, Los Angeles, CA; Notice of Negative Determination on Reconsideration On October 7, 2010, the Department of Labor issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of Raleigh Film and Television Studios, LLC, Los Angeles, California (the subject firm). The Department’s Notice was published in the Federal Register on October 25, 2010 (75 FR 65512). The subject firm supplies sound stage, production, catering, administrative, and other entertainment production industryrelated services. 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 mis-interpretation of facts or of the law justified reconsideration of the decision. The initial negative determination was based on the findings that there was, during the relevant period, no increase in imports of services like or directly competitive with the entertainment production industryrelated services supplied by the workers and no a shift to/acquisition from a foreign country by the subject firm of like or directly competitive services. The investigation also revealed that the subject workers are not adversely affected secondary workers. The request for reconsideration alleges that the subject firm is building large film studios in foreign countries. Information obtained during the reconsideration investigation confirmed that the subject firm did not shift to/ acquire from a foreign country the supply of services like or directly competitive with the entertainment production industry-related services supplied by the workers. Conclusion After reconsideration, I affirm the original notice of negative determination of eligibility to apply for PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM 17MRN1

Agencies

[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Notices]
[Page 14698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6188]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-74,733]


Xpedite Systems, LLC; a Subsidiary of EasyLink Services 
International Corporation, Deerfield Beach, FL; Notice of Affirmative 
Determination Regarding Application for Reconsideration

    By application dated February 21, 2011, 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 Xpedite Systems, LLC, a 
subsidiary of EasyLink Services International Corporation, Deerfield 
Beach, Florida (subject firm). The determination was issued on January 
26, 2011. The Department's Notice of Determination was published in the 
Federal Register on February 2, 2011 (76 FR 7588). The workers provide 
communication, applications, and support services.
    The negative determination was based on the findings that imports 
of services like or directly competitive with those supplied by the 
workers did not increase during the relevant period; there has not been 
a shift to a foreign country by the workers' firm in the supply of 
(like or directly competitive) services; and the subject firm did not 
supply a service that was used by a firm that employed a worker group 
eligible to apply for TAA and used the services supplied by the subject 
firm in the production of an article or supply of a service that was 
the basis for the afore-mentioned TAA certification.
    In the request for reconsideration, the petitioners alleged that 
``there was a contract between Xpedite and AppLabs, an Indian company, 
to do customer development work. * * * AppLabs employees located in 
India are writing/testing custom software applications on Xpedite's 
platform.''
    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 
petitioning workers meet the eligibility requirements of the Trade Act 
of 1974, as amended.

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 4th day of March 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-6188 Filed 3-16-11; 8:45 am]
BILLING CODE 4510-FN-P

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