DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,688

SEI DATA, INC.
A SUBSIDIARY OF SEI COMMUNICATIONS
DILLSBORO, INDIANA

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated March 7, 2008, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm. The denial notice was signed on February 7, 2008
and published in the Federal Register on February 22, 2008 (73 FR
9836).
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 negative TAA determination issued by the Department for
workers of SEI Data, Inc., a subsidiary of SEI Communications,
Dillsboro, Indiana was based on the finding that the worker group
does not produce an article within the meaning of Section 222 of
the Trade Act of 1974.
The petitioner states that employment at the subject firm
was negatively impacted by a shift of job functions to Canada.
The petitioner further states that regardless whether workers of
the subject firm produce a product or provide services, they
should be certified eligible for Trade Adjustment Assistance.
The investigation revealed that the workers of SEI
Communications, Dillsboro, Indiana are engaged in activities
related to providing technical support for internet and telephone
services. These functions, as described above, are not
considered production of an article within the meaning of Section
222 of the Trade Act of 1974.
The allegation of a shift to another country might be
relevant if it was determined that workers of the subject firm
produced an article. Since the investigation determined that
workers of SEI Communications, Dillsboro, Indiana do not produce
an article however, there can not be imports nor a shift in
production of an “article” abroad within the meaning of the Trade
Act of 1974 in this instance.
The petitioner did not supply facts not previously
considered; nor provide additional documentation indicating that
there was either 1) a mistake in the determination of facts not
previously considered or 2) a misinterpretation of facts or of
the law justifying reconsideration of the initial determination.
After careful review of the request for reconsideration, the
Department determines that 29 CFR 90.18(c) has not been met.
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 in Washington, D.C., this 28th day of March 2008.


/s/ Elliott S. Kushner

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

4510-FN-P


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,688

SEI DATA, INC.
A SUBSIDIARY OF SEI COMMUNICATIONS
DILLSBORO, INDIANA

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on January 16, 2008, in
response to a petition filed on behalf of workers of SEI Data, a
subsidiary of SEI Communications Inc., Dillsboro, Indiana. Workers
at SEI Data, Inc., Dillsboro, Indiana are engaged in activities
related to providing technical support for internet and telephone
services.
The investigation revealed that workers of SEI Data, Inc., a
subsidiary of SEI Communications, Dillsboro, Indiana do not produce
an article within the meaning of Section 222(a)(2) of the Act. In
order to be considered eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, the worker group
seeking certification (or on whose behalf certification is being
sought) must work for a "firm" or appropriate subdivision that
produces an article and there must be a relationship between the
workers' work and the article produced by the workers' firm or
appropriate subdivision that produces an article domestically and
thus the worker group cannot be considered import impacted or
affected by a shift in production of an article.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers of SEI
Data, Inc., a subsidiary of SEI communications Dillsboro, Indiana
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 7th day of February 2008


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






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