DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,440

ASML ALBUQUERQUE
ALBUQUERQUE, NEW MEXICO

Notice of Negative Determination
Regarding Application for Reconsideration

By application of May 17, 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
ASML Albuquerque, Albuquerque, New Mexico was signed on April 16,
2003, and published in the Federal Register on May 1, 2003 (68 FR
23322).
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 ASML
Albuquerque, Albuquerque, New Mexico engaged in activities
related to customer support engineering services. 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 that layoffs at ASML Albuquerque,
Albuquerque, New Mexico, were related to the acquisition of the
facility by a foreign company. The petitioner states that subject
facility, formerly known as Silicon Valley Group, was bought by
ASML, a company with foreign production facilities. The
petitioner concludes that, shortly after the acquisition of the
Silicon Valley Group facilities (including an affiliated
production facility in Connecticut) both facilities were shut
down. The petitioner appears to be alleging that the acquiring
company shifted production abroad, with plans to import this
production to the U.S.
The petitioner’s allegation of a shift in production and
subsequent potential imports might be relevant if all other
eligibility requirements for trade adjustment assistance were
met. However, customer support engineering services do not meet
the definition of production of an article as established in
Section 222 of the Trade Act, thus the workers in this case do
not meet the eligibility requirements of TAA.
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 3rd day of June, 2003.
/s/ Elliott S. Kushner

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