DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-42,315

ALCATEL USA MARKETING, INC.
VOICE NETWORK DIVISION (VND)
WIRELESS SWITCHING GROUP
EMX 5000 PRODUCT GROUP
PLANO, TEXAS


Notice of Negative Determination
Regarding Application for Reconsideration

By application received on April 3, 2003, a petitioner
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 USA Marketing, Inc., Voice Network Division (VND),
Wireless Switching Group, EMX 5000 Product Group, Plano, Texas
was signed on March 7, 2003, and published in the Federal
Register on March 26, 2003 (67 FR 14706).
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 Alcatel
USA Marketing, Inc., Voice Network Division (VND), Wireless
Switching Group, EMX 5000 Product Group, Plano, Texas engaged in
activities related to software and hardware support. The
petition was denied because the petitioning workers did not
produce an article within the meaning of Section 222(3) of the
Act.
The petitioner alleges the software and hardware support at
Alcatel USA Marketing, Inc., Voice Network Division (VND),
Wireless Switching Group, EMX 5000 Product Group, Plano, Texas is
an “integral part of the product” made for the customer.
An investigation of this matter, including contact with the
company, revealed that a very small portion of the services
supplied involve hardware (modifications) and that all of the
software support provided is electronically generated to the
customer. Electronically generated material does not constitute
production within the meaning of Section 222 of the Trade Act.
Only in very limited instances are service workers certified
for TAA, namely the worker separations must be caused by a
reduced demand for their services from a parent or controlling
firm or subdivision whose workers produce an article and who are
currently under certification for TAA.


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 29th day of April, 2003.
/s/ Elliott S. Kushner

___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance