DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,568

ALCATEL SUBMARINE NETWORKS, INC.
PORTLAND, OREGON

Notice of Negative Determination
Regarding Application for Reconsideration


By application of October 2, 2001, the company requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice applicable to workers of
Alcatel Submarine Networks, Inc., Portland, Oregon was issued on
August 28, 2001, and was published in the Federal Register on
September 11, 2001 (66 FR 47241).
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 investigation findings revealed that criterion (3) of
the group eligibility requirements of Section 222 of the Trade
Act of 1974 was not met. The decision was based on threatened
sales decreases at the subject firm being affiliated exclusively
to foreign customers and not domestic customers of Alcatel
Submarine Networks, Inc., Portland, Oregon. Loss of export sales
cannot be used as the basis for certification under the Trade Act
of 1974.
The request for reconsideration shows that the company does
have domestic customers. The company supplied a list of domestic
customers with their request for reconsideration.
The review of data supplied during the initial investigation
shows that plant sales, production and employment were relatively
stable (upward bias) during the period of the investigation and
therefore a survey would not have been conducted.
Based on the information supplied during the initial
investigation, it appears that a shift in plant production to a
foreign source may have recently occurred, with the possibility
of fiber optic cable being imported back to the United States
from an affiliated source. These events are beyond the relevant
period of the initial investigation. Therefore, petitioners are
encouraged to reapply for TAA if the events, as discussed,
occurred since the outcome of the initial decision.



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, D.C., this 4th day of February 2002
/s/ Edward A. Tomchick

__________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,568

ALCATEL SUBMARINE NETWORKS, INC.
PORTLAND, OREGON

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.

The investigation was initiated on July 2, 2001 in response to
a petition filed on behalf of workers at Alcatel Submarine
Networks, Inc., Portland, Oregon. The workers produce undersea
fiber optic cable.
The investigation revealed that criterion (3) has not been
met.
The threatened sales decrease at the subject firm is
exclusively among foreign customers. There are no domestic
customers of Alcatel Submarine Networks, Inc., Portland, Oregon.
Loss of export sales cannot be used as the basis for certification
under the Trade Act of 1974.



Conclusion
After careful review, I determine that all workers of Alcatel
Submarine Networks, Inc., Portland, Oregon are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 28th day of August, 2001.


/s/s Linda G. Poole



______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance