DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,419

FLEXTRONICS INTERNATIONAL
PORTSMOUTH, NEW HAMPSHIRE

Notice of Negative Determination
Regarding Application for Reconsideration


By application received on May 1, 2002, the 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
Flextronics International, Portsmouth, New Hampshire was issued
on April 2, 2002, and was published in the Federal Register on
April 17, 2002 (67 FR 18923).
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 (2) of
the group eligibility requirements of Section 222 of the Trade
Act of 1974 was not met. Plant sales and production of
networking products PCBA and chassis assemblies increased from
2000 to 2001.
The request for reconsideration alleges that sales and
production at the subject plant declined during the latter part
of 2001. The petitioner attached various news articles to
attempt to illustrate declines in sales and production during the
relevant period.
The company reported increased sales and production at the
subject plant in 2001 over the corresponding 2000 period.
Further review of the initial investigation shows that the
preponderance in the declines in employment at Flextronics
International, Portsmouth, New Hampshire is the direct result of
plant production being shifted to a foreign source during the
latter part of 2001 and those products are not being imported
back to the United States during the relevant period. Thus on
further analysis criterion (3) group eligibility requirements of
Section 222 of the Trade Act of 1974 also was not met. Imports
did not contribute importantly to the subject plant layoffs.
The petitioner further states that the company turned down
work because of it being too labor intensive, the company is
restructuring their operations in the United States, Western
Europe and Asia and that production will be moved to lower-cost
regions such as Mexico. None of these factors are a basis for
certifying the worker group at Flextronics International,
Portsmouth, New Hampshire.
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 31st day of May 2002
/s/ Edward A. Tomchick
__________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance