Académique Documents
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Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Notices 58475
support the allegation that workers of service workers support production of by the company official, sales and
the subject firm produce an article. CD–ROMs containing software. production of CD–ROMs containing
A company official was contacted for The Department conducted an desktop software did not decline during
clarification in regard to the nature of additional investigation to determine the relevant time period. Moreover, the
the work performed at the subject whether workers can be considered subject firm did not shift production
facility. The official stated the eligible for TAA as directly-impacted abroad, nor did it increase company
petitioning group of workers at the workers in support of production of CD– imports of CD–ROMs containing
subject firm was responsible for ROMs containing desktop software. desktop software, during the relevant
software development, in particular The group eligibility requirements for period.
design, programming, testing and directly-impacted (primary) workers The petitioner further alleges that
maintenance/support. The official under section 222(a) the Trade Act of because workers lost their jobs due to a
further clarified that customers can 1974, as amended, can be satisfied in transfer of job functions to India,
either access and download software via either of two ways: petitioning workers should be
the Internet or purchase CD–ROMs with I. Section (a)(2)(A) all of the following considered import impacted.
the desktop software. The official stated must be satisfied: The company official stated that
that the desktop client software A. A significant number or proportion coding and programming job functions
developed at the subject firm is mass of the workers in such workers’ firm, or were outsourced to a third party joint
produced in a CD form for further an appropriate subdivision of the firm, venture in India. The official also stated
distribution to customers. have become totally or partially that all design documents and other
The sophistication of the work separated, or are threatened to become documentation written in India is
involved is not an issue in ascertaining totally or partially separated; returned to the United States through
whether the petitioning workers are B. The sales or production, or both, of electronic mail or Internet.
eligible for trade adjustment assistance, such firm or subdivision have decreased Technical writing of informational
but rather only whether they produced absolutely; and documentation that is electronically
an article within the meaning of section C. Increased imports of articles like or transmitted is not considered
222 of the Trade Act of 1974. directly competitive with articles production within the context of TAA
Technical writing design, produced by such firm or subdivision eligibility requirements, so there are no
programming and testing of the software have contributed importantly to such imports of products in this instance.
is not considered production of an workers’ separation or threat of Further, as the PDF files and technical
article within the meaning of Section separation and to the decline in sales or documentation do not become products
222 of the Trade Act. Petitioning production of such firm or subdivision; until they are recorded on media device,
workers do not produce an ‘‘article’’ or there was no shift in production of an
within the meaning of the Trade Act of II. Section (a)(2)(B) both of the ‘‘article’’ abroad within the meaning of
1974. Information electronic databases, following must be satisfied: the Trade Act of 1974.
technical documentation and codes, are A. A significant number or proportion
not tangible commodities, and they are of the workers in such workers’ firm, or Conclusion
not listed on the Harmonized Tariff an appropriate subdivision of the firm, After reconsideration, I affirm the
Schedule of the United States (HTS), as have become totally or partially original notice of negative
classified by the United States separated, or are threatened to become determination of eligibility to apply for
International Trade Commission totally or partially separated; worker adjustment assistance for
(USITC), Office of Tariff Affairs and B There has been a shift in production workers and former workers of Galileo
Trade Agreements, which describes by such workers’ firm or subdivision to International, Travel Distribution
articles imported to the United States. a foreign country of articles like or Services, Centennial, Colorado.
To be listed in the HTS, an article directly competitive with articles which
would be subject to a duty on the tariff Signed at Washington, DC this 20th day of
are produced by such firm or
schedule and have a value that makes it September, 2005.
subdivision; and
marketable, fungible and C. One of the following must be Elliott S. Kushner,
interchangeable for commercial satisfied: Certifying Officer, Division of Trade
purposes. Although a wide variety of 1. The country to which the workers’ Adjustment Assistance.
tangible products are described as firm has shifted production of the [FR Doc. E5–5481 Filed 10–5–05; 8:45 am]
articles and characterized as dutiable in articles is a party to a free trade BILLING CODE 4510–30–P
the HTS, informational products that agreement with the United States;
could historically be sent in letter form 2. The country to which the workers’
and that can currently be electronically firm has shifted production of the DEPARTMENT OF LABOR
transmitted are not listed in the HTS. articles is a beneficiary country under
Such products are not the type of Employment and Training
the Andean Trade Preference Act,
products that customs officials inspect Administration
African Growth and Opportunity Act, or
and that the TAA program was generally the Caribbean Basin Economic Recovery Notice of Determinations Regarding
designed to address. Act; or Eligibility To Apply for Worker
The investigation on reconsideration 3. There has been or is likely to be an Adjustment Assistance
supported the findings of the primary increase in imports of articles that are
investigation that the petitioning group like or directly competitive with articles In accordance with Section 223 of the
of workers does not produce an article. which are or were produced by such Trade Act of 1974, as amended, (19
However, it was revealed that electronic firm or subdivision. U.S.C. 2273), the Department of Labor
desktop software created by the subject The investigation of Galileo herein presents summaries of
company is recorded on media devices International, Travel Distribution determinations regarding eligibility to
(CD–ROMs) for further mass-production Services, Centennial, Colorado, revealed apply for trade adjustment assistance for
and distribution. Thus, it was that criteria (I.B) and (II.B) were not met. workers (TA–W) number and alternative
determined that the petitioning group of According to the information provided trade adjustment assistance (ATAA) by
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