[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Page 16822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06678]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-82,371]


T-Mobile USA, Inc., Core Fault Isolation Team, Engineering 
Division, Bethlehem, Pennsylvania; Notice of Negative Determination on 
Reconsideration

    On May 8, 2013, the Department of Labor issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of T-Mobile USA, Inc., Core Fault Isolation Team, 
Engineering Division, Bethlehem, Pennsylvania (subject firm). The 
Department's Notice was published in the Federal Register on May 24, 
2013 (78 FR 31592). The subject workers are engaged in activities 
related to the supply of technical trouble-shooting services for T-
Mobile USA, Inc. customers. T-Mobile USA, Inc. is an international 
mobile communications company.
    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 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 mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The initial investigation resulted in a negative determination 
based on no shift in services and no company or customer imports of 
like or directly competitive services.
    In the request for reconsideration, the petitioners asserted that 
the subject firm had acquired from a foreign country services like or 
directly competitive with those provided by the workers at the subject 
firm and that the subject workers provided value-added services to a 
firm that employed a worker group eligible to apply for Trade 
Adjustment Assistance (T-Mobile, Allentown, Pennsylvania; TA-W-81,520). 
Specifically, the request states ``our separations were in fact 
attributable to the shift of services to a foreign country by T-Mobile 
USA.''
    In support of the assertion that the workers are secondarily-
affected, the request states ``our team was created to provide this 
location [Allentown, Pennsylvania call center] with a value added 
service by providing the bridge for the communication gap between T-
Mobile USA's Allentown technical support group and T-Mobile USA's 
engineering teams.''
    During the reconsideration investigation, the Department carefully 
reviewed previously-submitted information, reviewed the certification 
of TA-W-81,520, and directed the subject firm to address the assertions 
in the request for reconsideration.
    Information obtained during the reconsideration investigation 
revealed that the Core Fault Isolation Team received work orders from 
various call centers (not only the Allentown or Bethlehem, Pennsylvania 
centers), operation centers, and from other internal and external 
customers.
    Based on information obtained during the reconsideration 
investigation, the Department affirms that the subject firm did not 
import from another country the supply of technical trouble-shooting 
services; that the subject firm did not shift to a foreign country or 
acquire from a foreign country the supply of services like or directly 
competitive with those provided by the workers at the subject firm; 
that the subject workers do not qualify as Downstream Producers because 
they did not supply value-added services, as defined by the Trade Act, 
as amended.

Conclusion

    After careful review, I determine that the requirements of Section 
222 of the Act, 19 U.S.C. 2272, have not been met and, therefore, 
affirm the negative determination applicable to workers and former 
workers of T-Mobile USA, Inc., Core Fault Isolation Team, Engineering 
Division, Bethlehem, Pennsylvania, in accordance with Section 223 of 
the Act, 19 U.S.C. 2273.

    Signed in Washington, DC on this 12th day of March, 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-06678 Filed 3-25-14; 8:45 am]
BILLING CODE 4510-FN-P