[Federal Register Volume 72, Number 89 (Wednesday, May 9, 2007)]
[Notices]
[Pages 26426-26427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8825]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,648]


International Business Machines Corporation, Tulsa, OK; Notice of 
Revised Determination on Remand

    On March 30, 2007, the United States Court of International Trade 
(USCIT) remanded to the Department of Labor (Department) for further 
investigation Former Employees of International Business Machines 
Corporation v. U.S. Secretary of Labor, Court No. 04-00079. In 
accordance with Section 223 of the Trade Act of 1974, as amended (19 
U.S.C. 2273), the Department herein presents the results of the remand 
investigation regarding workers' eligibility to apply for worker 
adjustment assistance.
    The initial investigation to determine the eligibility of workers 
of International Business Machines Corporation (IBM), Tulsa, Oklahoma 
(subject firm) to apply for Trade Adjustment Assistance (TAA) was 
initiated on November 26, 2003 in response to a worker-filed petition. 
The Department's initial negative determination, issued on December 2, 
2003 and published in the Federal Register on January 16, 2004 (69 FR 
2622), was based on finding that the workers did not produce an article 
within the meaning of Section 222 of the Trade Act of 1974.
    The petitioners requested administrative reconsideration of the 
negative determination on February 6, 2004. By letter dated February 
11, 2004, the petitioners also sought judicial review of the negative 
determination. On March 30, 2004, the USCIT granted the Department's 
request for voluntary remand in order to issue a finding pursuant to 
the request for reconsideration.
    The Department issued a negative determination on the request for 
reconsideration on March 31, 2004. The Department's Notice of 
determination was published in the Federal Register on April 16, 2004 
(69 FR 20644). The determination was based on findings

[[Page 26427]]

that the workers' firm did not produce an article within the meaning of 
Section 222 of the Trade Act and that the workers did not provide 
services in direct support of an affiliated TAA certified firm.
    On May 14, 2004, the Department filed its second consent motion for 
voluntary remand. The Department issued a negative determination on 
remand on August 2, 2004. The Department's Notice of determination was 
published in the Federal Register on August 10, 2004 (69 FR 48527). The 
determination was based on findings that the workers at the subject 
facility did not produce or support the production of an article by IBM 
and were not under the control of BP. On December 2, 2005, the USCIT 
remanded the matter to the Department.
    On February 6, 2006, the Department issued a second negative 
determination on remand. The Department's Notice of determination was 
published in the Federal Register on March 2, 2006 (71 FR 10709). The 
Department's determination was based on findings that the criteria 
developed by the Department to determine the extent to which a worker 
group engaged in activities related to the production of an article by 
a producing firm was under the control of the producing firm had not 
been met. On March 30, 2007, the USCIT remanded the matter to the 
Department.
    The Department has determined after further review that during the 
relevant period, a significant number or proportion of the subject 
worker group was separated and that the subject worker group was 
working in support of, and under sufficient control of import impacted 
BP production facilities, whose workers were certified as eligible for 
TAA.

Conclusion

    Based on review of the record evidence, I determine that BP 
controlled the subject worker group and that increased imports of 
articles like or directly competitive with crude oil produced by an 
affiliated facility which the subject worker group supported, 
contributed to the total or partial separation of a significant number 
or proportion of workers at the subject facility.
    In accordance with the provisions of the Act, I make the following 
certification:

    ``All workers of International Business Machines Corporation, 
Tulsa, Oklahoma, who became totally or partially separated from 
employment on or after November 26, 2002, through two years from the 
issuance of this revised determination, are eligible to apply for 
Trade Adjustment Assistance under Section 223 of the Trade Act of 
1974.''

    Signed at Washington, DC this 2nd day of May 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-8825 Filed 5-8-07; 8:45 am]
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