DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,234

AGERE SYSTEMS
ORLANDO, FLORIDA

Notice of Negative Determination
Regarding Application for Reconsideration

By application received April 25, 2002, the International
Brotherhood of Electrical Workers (IBEW), Local Union 2000,
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 was signed on March 11, 2002
and published in the Federal Register on March 29, 2002 (67 FR
15225).
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 TAA petition filed on behalf of workers at Agere
Systems, Orlando, Florida engaged in the production of wafers for
integrated circuits, was denied because the "contributed
importantly" group eligibility requirement of Section 222(3) of
the Trade Act of 1974, as amended, was not met. The subject firm
did not import wafers. The subject firm primarily produced
wafers for export.
The IBEW requests administrative reconsideration based on
the fact that the wafers produced by the subject plant are
shipped to foreign sources, then produced into computer chips and
a portion of those foreign produced computer chips are then
imported back to the United States
Imports "like or directly competitive" with what the subject
plant produced must "contribute importantly" to the layoffs at
the subject firm. Therefore, the scenario as presented by the
petitioner relating to the subject plant's wafer production being
exported to Asia, produced into computer chips and then imported
back to the United States does not meet the eligibility
requirements of the Trade Act of 1974. The product produced by
the subject firm, a wafer (which includes the circuit) is not
"like or directly competitive" with a finished integrated
circuit, such as a computer chip.
The IBEW further indicates that the subject plant produced
the same product as TAA certified plants at Agere Systems,
Integrated Circuits, Reading, Pennsylvania (TA-W-39,437) and the
Integrated Circuits Division, Allentown, Pennsylvania (TA-W-
39,449).
A review and further clarification from the company shows
that a meaningful portion of the products produced at the
Pennsylvania plants were finished integrated circuits, not the
wafers (with circuits) as produced by the subject plant. The
Pennsylvania plants served a different customer base than the
subject plant. The wafers (with circuits) are not like or
directly competitive with the finished products produced at the
Pennsylvania facilities. The subject plant's wafer production is
not integrated into the TAA certified Pennsylvania plants'
production. Therefore, the "contributed importantly" criterion
is not met.
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 decisions. Accordingly, the
application is denied.

Signed at Washington, D.C., this 6th day of June, 2002.

/s/ Edward A. Tomchick
_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance