DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,577

TDK TEXAS CORPORATION
A SUBSIDIARY OF TDK USA CORPORATION
EL PASO, TEXAS

Notice of Negative Determination
Regarding Application for Reconsideration

By application of January 5, 2004, 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 was signed on November 24,
2003 and published in the Federal Register on December 29, 2003
(68 FR 74978).
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, filed on behalf of workers at TDK Texas
Corporation, a subsidiary of TDK USA Corporation, El Paso, Texas,
engaged in distribution of electronic components was denied
because the workers did not produce an article within the meaning
of Section 222 of the Trade Act of 1974.
The workers appear to be alleging that layoffs at TDK Texas
Corporation, a subsidiary of TDK USA Corporation, El Paso, Texas,
was attributed to free trade and attempt to depict this in their
request for reconsideration.
The worker allegations of trade impact would only be
relevant if all other eligibility requirements for trade
adjustment assistance were met in this case. However,
distribution 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 20th day of February, 2004.
/s/ Elliott S. Kushner

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