[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Notices]
[Pages 15751-15752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7797]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,383]


International Business Machines Corporation, IBM Integrated 
Supply Chain Operations, Hopewell Junction, NY; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated February 21, 2009, the petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA), 
applicable to workers and former workers of the subject firm. The 
denial notice was signed on January 2, 2009 and published in the 
Federal Register on January 26, 2009 (74 FR 4464).
    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

[[Page 15752]]

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.
    The negative TAA determination issued by the Department for the 
workers of International Business Machines Corporation, IBM Integrated 
Supply Chain Operations, Hopewell Junction, New York was based on the 
findings that the worker group did not produce an article within the 
meaning of Section 222 of the Trade Act of 1974. The investigation 
revealed that workers of the subject firm provided internal maintenance 
and development services for various Web based applications. The 
investigation further revealed that no production of article(s) 
occurred within the firm or appropriate subdivision during the relevant 
period.
    The petitioner in the request for reconsideration contends that the 
Department erred in its interpretation of the work performed by the 
workers of the subject firm. The petitioner states that from 1996 to 
2007 the workers of the subject firm developed applications that ``were 
being deployed in China for education and financial purposes''. The 
petitioner also indicates that the workers maintained and created 
applications for customers.
    When assessing eligibility for TAA, the Department exclusively 
considers production and import impact during the relevant time period 
(one year prior to the date of the petition). Events occurring between 
1996 and October 2007 are outside of the relevant time period as 
established by the petition date of November 4, 2008, and thus cannot 
be considered in this investigation.
    The investigation revealed that during the relevant period, the 
workers of International Business Machines Corporation, IBM Integrated 
Supply Chain Operations, Hopewell Junction, New York managed existing 
applications in the IBM Procurement portfolio that were used internally 
for purposes such as invoice support, Web orders, and procurement.
    These functions, as described above, are not considered production 
of an article within the meaning of Section 222 of the Trade Act. While 
the provision of services may result in printed material or can be 
stored electronically, it is incidental to the provision of these 
services. No production took place at the subject facility, nor did the 
workers support production of an article at any domestic location 
during the relevant period.
    The petitioner also alleges that job functions have been shifted 
from the subject firm to China.
    The allegation of a shift to another country might be relevant if 
it was determined that workers of the subject firm produced an article. 
However, the investigation determined that workers of International 
Business Machines Corporation, IBM Integrated Supply Chain Operations, 
Hopewell Junction, New York do not produce an article within the 
meaning of Section 222 of the Trade Act of 1974.

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 in Washington, DC, this 24th day of March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-7797 Filed 4-6-09; 8:45 am]
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