68094 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 

customers and that there are no 

products manufactured within the 

subject firm. 

The sophistication of the work 

involved is not an issue in ascertaining 

whether the petitioning workers are 

eligible for trade adjustment assistance, 

but rather only whether they produced 

an article within the meaning of section 

222 of the Trade Act of 1974. 

Technical writing, design, 

programming, testing and technical 

assistance of the software is not 

considered production of an article 

within the meaning of Section 222 of 

the Trade Act. Petitioning workers do 

not produce an ‘‘article’’ within the 

meaning of the Trade Act of 1974. 

Information electronic databases, 

technical documentation and codes, are 

not tangible commodities, and they are 

not listed on the Harmonized Tariff 

Schedule of the United States (HTS), as 

classified by the United States 

International Trade Commission 

(USITC), Office of Tariff Affairs and 

Trade Agreements, which describes 

articles imported to the United States. 

To be listed in the HTS, an article 

would be subject to a duty on the tariff 

schedule and have a value that makes it 

marketable, fungible and 

interchangeable for commercial 

purposes. Although a wide variety of 

tangible products are described as 

articles and characterized as dutiable in 

the HTS, informational products that 

could historically be sent in letter form 

and that can currently be electronically 

transmitted are not listed in the HTS. 

Such products are not the type of 

products that customs officials inspect 

and that the TAA program was generally 

designed to address. 

The investigation on reconsideration 

supported the findings of the primary 

investigation that the petitioning group 

of workers does not produce an article. 

Furthermore, workers of the subject firm 

did not support production of an article 

at any affiliated facility. 

The petitioner further alleges that 

because workers lost their jobs due to a 

transfer of job functions to Canada, 

petitioning workers should be 

considered import impacted. 

The company official stated that the 

positions of six technical support 

representatives were moved to a 

Canadian office as a result of the closure 

of the subject firm. 

Technical support of informational 

documentation that is electronically 

transmitted is not considered 

production within the context of TAA 

eligibility requirements. Further, as 

software and technical documentation 

do not become products until they are 

recorded on media device, there was no 

shift in production of an ‘‘article’’

abroad within the meaning of the Trade 

Act of 1974. 

Service workers can be certified only 

if worker separations are caused by a 

reduced demand for their services from 

a parent or controlling firm or 

subdivision whose workers produce an 

article domestically who meet the 

eligibility requirements, or if the group 

of workers are leased workers who 

perform their duties on-site at a facility 

that meet the eligibility requirements. 

Conclusion 

After reconsideration, I affirm the 

original notice of negative 

determination of eligibility to apply for 

worker adjustment assistance for 

workers and former workers of ACCPAC 

International, Inc., Customer Support, 

Santa Rosa, California.

Signed at Washington, DC this 21st day of 

October, 2005. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance.

[FR Doc. 05–22323 Filed 11–8–05; 8:45 am]

BILLING CODE 4510–30–U

DEPARTMENT OF LABOR

Employment and Training 

Administration 

[TA–W–58,081] 

Accufab Industries New Freedom, PA; 

Notice of Termination of Investigation 

Pursuant to section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on October 6, 

2005 in response to a petition filed by 

a company official on behalf of workers 

at Accufab Industries, New Freedom, 

Pennsylvania. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated.

Signed at Washington, DC this 31st day of 

October, 2005. 

Linda G. Poole, 

Certifying Officer, Division of Trade 

Adjustment Assistance.

[FR Doc. 05–22327 Filed 11–8–05; 8:45 am]

BILLING CODE 4510–30–P

DEPARTMENT OF LABOR

Employment and Training 

Administration 

[TA–W–58,097] 

Agilent Technologies, Inc. Wireless 

Business Unit a Division of the 

Electronic Measurements Group 

Loveland, CO; Notice of Termination of 

Investigation 

Pursuant to section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on October 7, 

2005, in response to a petition filed by 

a State agency representative on behalf 

of workers of Agilent Technologies, Inc., 

Wireless Business Unit, a division of the 

Electronics Measurements Group, 

Loveland, Colorado. 

The petitioning group of workers is 

covered by a current certification (TA–

W–57,742J) issued on September 30, 

2005, applicable to all workers of 

Agilent Technologies, Inc., Electronics 

Measurement Group, Loveland, 

Colorado. Consequently, further 

investigation in this case would serve 

no purpose, and the investigation has 

been terminated.

Signed at Washington, DC this 20th day of 

October, 2005. 

Linda G. Poole, 

Certifying Officer, Division of Trade 

Adjustment Assistance.

[FR Doc. 05–22328 Filed 11–8–05; 8:45 am]

BILLING CODE 4510–30–P

DEPARTMENT OF LABOR

Employment and Training 

Administration 

Investigations Regarding Certifications 

of Eligibility To Apply for Worker 

Adjustment Assistance 

Petitions have been filed with the 

Secretary of Labor under section 221(a) 

of the Trade Act of 1974 (‘‘the Act’’) and 

are identified in the Appendix to this 

notice. Upon receipt of these petitions, 

the Director of the Division of Trade 

Adjustment Assistance, Employment 

and Training Administration, has 

instituted investigations pursuant to 

section 221(a) of the Act. 

The purpose of each of the 

investigations is to determine whether 

the workers are eligible to apply for 

adjustment assistance under Title II, 

Chapter 2, of the Act. The investigations 

will further relate, as appropriate, to the 

determination of the date on which total 

or partial separations began or 

threatened to begin and the subdivision 

of the firm involved.