Slip Op. 10-29
UNITED STATES COURT OF INTERNATIONAL TRADE
FORMER EMPLOYEES OF GENSYM CORP.,
Plaintiff,
v. Before: Pogue, Judge
UNITED STATES SECRETARY OF LABOR, Court No. 09-00240
Defendant.
JUDGMENT
On June 18, 2009, Plaintiffs filed this action against
Defendant, challenging Defendant’s determination that Plaintiffs
were not eligible for certification for both trade adjustment
assistance (“TAA”) and alternative trade adjustment assistance
(“ATAA”). Notice of Determinations Regarding Eligibility To Apply
for Worker Adjustment Assistance and Alternative Trade Adjustment
Assistance, 74 Fed. Reg. 9,281, 9,283 (Dep’t of Labor Mar. 3,
2009); Gensym Corporation, a Subsidiary of Versata Enterprises,
Inc., Burlington, MA, 74 Fed. Reg. 19,997 (Dep’t of Labor Apr. 30,
2009) (notice of negative determination on reconsideration). In
its original determination and on reconsideration, Defendant denied
certification because Plaintiffs did not produce an article within
the meaning of Section 222(a)(2)(B) of the Trade Act of 1974, 19
U.S.C. § 2272(a)(2)(B). 74 Fed. Reg. at 19,997.
Court No. 09-00240 Page 2
The parties moved on August 24 for a voluntary remand, which
the court granted, and, on January 5, 2010, Defendant issued its
revised determination. Gensym Corporation, a Subsidiary of Versata
Enterprises, Inc.; Burlington, MA, 75 Fed. Reg. 454 (Dep’t of Labor
Jan. 5, 2010) (notice of revised determination on remand). In its
revised determination, Defendant found that, after further
investigation, “the criteria set forth in Section 222(a)(2)(B) has
[sic] been satisfied.” Accordingly, Defendant certified that
Plaintiffs “are eligible to apply for [TAA] under Section 223 of
the Trade Act of 1974, and are eligible to apply for [ATAA] under
Section 246 of the Trade Act of 1974.” 75 Fed. Reg. at 455.
Plaintiffs have not challenged this revised determination.
Now therefore, after due deliberation, it is hereby
ORDERED, ADJUDGED AND DECREED that Defendant’s foregoing
certification, as set forth in its Notice of Revised Determination
on Remand, be, and it hereby is, affirmed.
/s/ Donald C. Pogue
Donald C. Pogue, Judge
Dated: March 22, 2010
New York, New York