15752 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices 

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] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–64,401] 

Qimonda 200 MM Facility, Including 

On-Site Leased Workers From Tokyo 

Electron America, Nikon Precision, Inc. 

and Air Products and Chemicals, Inc., 

and Qimonda North America 

Corporation, Qimonda Richmond, a 

Subsidiary of Qimonda AG, Sandston, 

VA; Amended Certification Regarding 

Eligibility To Apply for Worker 

Adjustment Assistance and Alternative 

Trade Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974 (19 U.S.C. 2273), and 

Section 246 of the Trade Act of 1974 (26 

U.S.C. 2813), as amended, the 

Department of Labor issued a 

Certification of Eligibility to Apply for 

Worker Adjustment Assistance and 

Alternative Trade Adjustment 

Assistance on December 11, 2008, 

applicable to workers of Qimonda 200 

MM Facility, Sandston, Virginia. The 

notice was published in the Federal 

Register on December 30, 2008 (73 FR 

79914). The certification was amended 

on February 10, 2009 and March 3, 2009 

to include on-site leased workers of 

Tokyo Electron America, Nikon 

Precision and Ebara Technologies. 

These notices were published in the 

Federal Register on February 23, 2009 

(74 FR 8111) and March 11, 2009 (74 FR 

10619) respectfully. 

At the request of the subject firm, the 

Department reviewed the certification 

for workers of the subject firm. The 

workers are engaged in the production 

of DRAM semiconductor wafers. 

The company reports that worker 

separations occurred at Qimonda North 

America Corporation, Qimonda 

Richmond, a subsidiary of Qimonda AG, 

and are on-site with the Qimonda 200 

MM Facility. Workers of the Qimonda 

200 MM Facility and workers of 

Qimonda North America Corporation 

are not separately identifiable by 

product line (DRAM semiconductor 

wafers). 

New Information also shows that 

workers leased from Air Products and 

Chemicals, Inc. were employed on-site 

at the Sandston, Virginia location of 

Qimonda 200 MM Facility. The 

Department has determined that these 

workers were sufficiently under the 

control of the subject form to be 

considered leased workers. 

Based on these findings, the 

Department is amending this 

certification to include all on-site 

workers of Qimonda North America 

Corporation, Qimonda Richmond, a 

subsidiary of Qimonda AG and to 

include leased workers from Air 

Products and Chemicals, Inc. working 

on-site at the Sandston, Virginia 

location of the subject firm. 

The amended notice applicable to 

TA–W–64,401 is hereby issued as 

follows: 

All workers of Qimonda 200 MM Facility, 

including on-site leased workers from Tokyo 

Electron America, Nikon Precision, Inc., and 

Air Products and Chemicals, Inc., Sandston, 

Virginia, and including on-site workers of 

Qimonda North America Corporation, 

Qimonda Richmond, a subsidiary of 

Qimonda AG, Sandston, Virginia who 

became totally or partially separated from 

employment on or after November 11, 2007 

through December 11, 2010, are eligible to 

apply for adjustment assistance under 

Section 223 of the Trade Act of 1974, and are 

also eligible to apply for alternative trade 

adjustment assistance under Section 246 of 

the Trade Act of 1974. 

Signed at Washington, DC, this 31st day of 

March 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–7798 Filed 4–6–09; 8:45 am] 

BILLING CODE 4510–FN–P