[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Notices]
[Pages 61747-61748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25721]
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U.S. DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-80,152]
CompONE Services, LTD, Ithaca, NY; Notice of Negative
Determination Regarding Application for Reconsideration
By application received September 6, 2011, a worker requested
administrative reconsideration of the negative
[[Page 61748]]
determination regarding workers' eligibility to apply for Trade
Adjustment Assistance (TAA) applicable to workers and former workers at
CompONE Services, LTD, Ithaca, New York (CompONE Services). The
negative determination was issued on August 3, 2011. The Department's
Notice of Determination was published in the Federal Register on August
18, 2011 (76 FR 51435). The workers of CompONE Services are engaged in
activities related to the supply of medical billing and coding
services.
The petition was filed on behalf of ``medical billers'' workers at
CompONE Services, LTD, Ithaca, New York. The petition states that the
service supplied by CompONE Services is being shifted to an affiliated
facility in Vietnam.
The negative determination was based on the Department's findings
that CompONE Services does not produce an article within the meaning of
Section 222(a) or Section 222(b) of the Act. In order to be considered
eligible to apply for adjustment assistance under Section 223 of the
Trade Act of 1974, the worker group seeking certification (or on whose
behalf certification is being sought) must work for a ``firm'' or
appropriate subdivision that produces an article.
Pursuant to 29 CFR 90.18(c), administrative 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.
The request for reconsideration asserts that ``an error has been
made interpreting whether the facts of our case fit the criteria
required by the statute.''
After the Trade Act of 2009 expired in February 2011, petitions for
TAA were instituted under the Trade Adjustment Assistance Reform Act of
2002 (Trade Act of 2002). The petition for CompOne Services was
instituted on May 5, 2011. Therefore, the statute applicable to TA-W-
80,152 is the Trade Act of 2002.
Section 222 of the Trade Act of 2002 establishes the worker group
eligibility requirements. The requirements include either ``imports of
articles like or directly competitive with articles produced by such
firm or subdivision have increased'' or ``a shift in production by such
workers' firm or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by such firm or
subdivision.'' The statute does not provide as a basis for
certification a shift in the supply of services to a foreign country.
After careful review of the request for reconsideration, previously
submitted materials, the applicable statute, and relevant regulation,
the Department determines that there is no new information, mistake in
fact, or misinterpretation of the facts or of the law.
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 16th day of September 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-25721 Filed 10-4-11; 8:45 am]
BILLING CODE 4510-FN-P