DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,959

TECCOR ELECTRONICS
A DIVISION OF INVENSYS
IRVING, TEXAS

Notice of Negative Determination
Regarding Application for Reconsideration


By application of January 23, 2002, petitioners 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
Teccor Electronics, A Division of Invensys, Irving, Texas was
issued on December 11, 2001, and was published in the Federal
Register on December 26, 2001 (66 FR 66426).
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 imports not
contributing importantly to the decline in employment at the
subject plant. The investigation further revealed that the
production of wafers at the subject firm was transferred to a
foreign plant.
The request for reconsideration alleges that the final
testing and categorizing (referred to as back-end production) of
the thyristor semiconductor was moved to that foreign source.
The petitioners further allege that the equipment to test and
categorize the thyristor semiconductors was also shifted to a
foreign source.
Since the workers are engaged solely in the final testing
and categorizing of imported thyristor semiconductors, they are
not considered engaged in the production of an article. Testing
and categorizing of thyristor semiconductors are post-production
activities and are thus outside of the scope of workers engaged
in the production of thyristor semiconductors produced at an
affiliated foreign source. Therefore, the shift in testing and
categorizing functions to a foreign source does not satisfy
criterion 3 requirements.
Additionally, upon reconsideration the subject workers do not
produce an article within the meaning of Section 222(3) of the Act.





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 10th day of April 2002
/s/ Edward A. Tomchick
__________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR




Employment and Training Administration

TA-W-39,959

TECCOR ELECTRONICS
A DIVISION OF INVENSYS
IRVING, TEXAS

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
eligibility 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 September 10, 2001 in
response to a petition filed bu workers at Teccor Electronics, a
Division of Invensys, Irving, Texas. The workers are engaged in
employment related to the production of wafers.
The investigation revealed that criterion (3) has not been
met.
The investigation further revealed that the production of
wafers at the Irving, Texas plant was transferred to a foreign
plant. The wafers are a component in the final assembly of
semiconductors.
The investigation disclosed that the company is not
importing wafers or articles like or directly competitive with
the wafers that were produced at the subject firm.
Conclusion
After careful review, I determine that all workers of Teccor
Electronics, a Division of Invensys, Irving, Texas, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 11th day of December, 2001


/s/ Linda G. Poole
__________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance