DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,103

TOSHIBA AMERICA ELECTRONIC COPONENTS, INC.
DESIGN CENTER
BEAVERTON, OREGON

Notice of Negative Determination
Regarding Application for Reconsideration

By application of July 16, 2003, a state agency
representative 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 Toshiba America Electronic Components, Inc. Design
Center, Beaverton, Oregon was signed on April 30, 2003, and
published in the Federal Register on May 9, 2003 (68 FR 25060).
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 Toshiba
America Electronic Components, Inc. Design Center, Beaverton,
Oregon engaged in electronics design. The petition was denied
because the petitioning workers did not produce an article within
the meaning of Section 222 of the Act.
The state agency representative alleges that the services
performed by the workers are essential to production and
therefore the workers should be eligible to apply for TAA.
Design services do not constitute production according to
the eligibility requirements for trade adjustment assistance.
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 18th day of July, 2003.

/s/ Elliott S. Kushner
___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance