This site displays a prototype of a “Web 2.0” version of the daily Federal Register. It is not an official legal edition of the Federal Register, and does not replace the official print version or the official electronic version on GPO’s govinfo.gov.
The documents posted on this site are XML renditions of published Federal Register documents. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. This prototype edition of the daily Federal Register on FederalRegister.gov will remain an unofficial informational resource until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting it official legal status. For complete information about, and access to, our official publications and services, go to About the Federal Register on NARA's archives.gov.
The OFR/GPO partnership is committed to presenting accurate and reliable regulatory information on FederalRegister.gov with the objective of establishing the XML-based Federal Register as an ACFR-sanctioned publication in the future. While every effort has been made to ensure that the material on FederalRegister.gov is accurately displayed, consistent with the official SGML-based PDF version on govinfo.gov, those relying on it for legal research should verify their results against an official edition of the Federal Register. Until the ACFR grants it official status, the XML rendition of the daily Federal Register on FederalRegister.gov does not provide legal notice to the public or judicial notice to the courts.
By application of April 8, 2003, a petitioner requested administrative reconsideration regarding the Department's Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm.
The initial investigation resulted in a negative determination issued on March 18, 2003, based on the finding that the petitioning workers did not produce an article within the meaning of section 222 of the Act. The denial notice was published in the Federal Register on April 2, 2003 (68 FR 16094).
The petitioner alleges that they produced a product.
Upon further review during the reconsideration process, and contact with the company, it became apparent that the subject facility workers did produce a product (specifically, software which was marketed for retail sale) within the meaning of section 222 of the Act.
In addition, it was revealed that the company shifted production of competitive software to India and subsequently began importing a significant portion of this production to U.S. customers during the relevant period.
The investigation further revealed that employment declined at the subject firm during the relevant period.
After careful review of the additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with those produced at e-Gain Communications Corporation, Novato, California, contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification:
All workers of e-Gain Communications Corporation, Novato, California, who became totally or partially separated from employment on or after February 18, 2002 through two years from the date of this certification, are eligible to apply for adjustment assistance under section 223 of the Trade Act of 1974.Start Signature
Signed in Washington, DC this 8th day of August 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-21281 Filed 8-19-03; 8:45 am]
BILLING CODE 4510-30-P