DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,906

QUARK, INC.
DENVER, COLORADO

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated on April 11, 2002, a worker of the
subject firm 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 Quark, Inc. Denver, Colorado was signed on April 4,
2002, and 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 TAA petition was filed on behalf of workers at Quark,
Inc. Denver, Colorado engaged in activities related to software
development. The petition was denied because the petitioning
workers did not produce an article within the meaning of Section
222(3) of the Act.
In the request for reconsideration, a worker of Quark, Inc.
Denver, Colorado alleged that Quark, Inc. Denver, Colorado
shifted their operation to India.
The initial investigation revealed that the workers were
engaged in activities related to the development of software.
The workers at the subject firm do not produce an article within
the meaning of Section 222(3) of the Trade Act 1974. In any
event, a transfer of a firm's operations to a foreign source is
not a relevant factor in meeting the eligibility requirements
under the Trade Act of 1974. Imports of a product produced by
the subject firm must "contribute importantly" to the layoffs at
the subject plant.









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 30th day of May, 2002.

/s/ Edward A. Tomchick

EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance