[Federal Register Volume 65, Number 83 (Friday, April 28, 2000)]
[Notices]
[Page 24996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10581]


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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-3454]


Tektronix, Incorporated, Video and Networking Division, 
Beaverton, OR; Notice of Negative Determination Regarding Application 
for Reconsideration

    By application dated December 9, 1999, one of the petitioners 
requested administrative reconsideration of the Department's negative 
determination regarding worker eligibility to apply for NAFTA-TAA. The 
denial notice applicable to workers of the subject firm located in 
Beaverton, Oregon, was signed on November 16, 1999 and published in the 
Federal Register on December 2, 1999 (64 FR 67595).
    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.
    Findings of the initial investigation showed that workers of 
Tektronix, Incorporated, Video and Networking Division, Beaverton, 
Oregon, produced profile products which are used for the production of 
videos and computer products. The Department's denial of NAFTA-TAA for 
workers of the subject firm was based on the finding that criterion (3) 
and (4) of the worker group eligibility requirements of paragraph 
(a)(1) of section 250 of the Trade Act of 1974, as amended, were not 
met. There were no company imports or increased customer imports from 
Mexico or Canada of profile products. Tektronix, Incorporated, did not 
shift production of articles produced in the Video and Networking 
Division to Mexico or Canada. Layoffs were attributable to a domestic 
shift in production.
    The petitioner claims that the Lightworks product line was sold to 
a company in Montreal, Canada, which contributed to worker separations 
at the Beaverton plant of the subject firm.
    In order to respond to the petitioner, the Department contacted the 
subject firm to learn whether Lightworks was produced in the Video and 
Networking Division of the subject firm, and whether there was a shift 
in the production from Beaverton to Canada of Lightworks.
    Information provided by the company affirms that Lightworks, a non-
linear video editing product, was produced by workers in the Video and 
Networking Division of the subject firm. Further, the company official 
confirmed the sale of Lightworks to a Canadian firm within the time 
period relevant to the investigation. The sale of a product line by the 
subject firm to a company in Canada, however, is not a basis for worker 
group certification under NAFTA-TAA. In this case, only increased 
imports from Canada of articles like or directly competitive with those 
produced at the workers' firm, or a shift in production from the 
workers' firm to Canada would constitute a basis for NAFTA-TAA 
certification for the petitioners.

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 14th day of April 2000.
Grant D. Beale,
Program Manager, Division of Trade Adjustment Assistance.
[FR Doc. 00-10581 Filed 4-27-00; 8:45 am]
BILLING CODE 4510-30-M