[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Page 12574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5532]



Xerox Corporation, Canadian, Latin American Manufacturing 
Organization, Pittsford, New York; Notice of Negative Determination 
Regarding Application for Reconsideration

    By an application dated January 26, 1995, one of the petitioners 
requested administrative reconsideration of the subject petition for 
trade adjustment assistance, TAA. The denial notice was issued on 
January 12, 1995 and published in the Federal Register on February 10, 
1995 (60 FR 8061).
    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 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    Investigation findings show that the workers of Canadian Latin 
American Manufacturing Organization (CLAMO) of Xerox Corporation in 
Pittsford, New York do not produce an article within the meaning of the 
Trade Act. The workers instead perform engineering and support services 
for articles produced overseas.
    Only in very limited circumstances are service workers certified 
for TAA, namely, the worker separations must be caused by a reduced 
demand for their services from a parent or controlling firm or 
subdivision whose workers produce an article and who are currently 
under a certification for TAA. (Emphasis supplied). These conditions 
were not met for the CLAMO workers of Xerox in Pittsford, New York.
    The workers at the Office of Document Products in Henrietta, New 
York were certified because their services were in direct support of 
the production done at Xerox' Webster, New York plant whose workers 
were certified under petition TA-W-29,744.
    The Trade Act was not intended to provide TAA benefits to everyone 
who is in some way affected by foreign competition but only to those 
who produced an article and experienced a decline in sales or 
production and employment as a result of increased imports of like or 
directly competitive products.


    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, D.C., this 22nd day of February, 1995.
Victor J. Trunzo,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 95-5532 Filed 3-6-95; 8:45 am]