Justia Regulation Tracker

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[Federal Register: May 13, 2008 (Volume 73, Number 93)]
[Notices]               
[Page 27561-27562]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my08-80]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,821]

 
Ameridrives International, Llc, Erie, PA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated April 3, 2008, petitioners 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) and 
Alternative Trade Adjustment Assistance (ATAA). The denial notice was 
signed on March 11, 2008 and published in the Federal Register on March 
26, 2008 (73 FR 16064).
    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

[[Page 27562]]

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, which was filed on behalf of workers at 
Ameridrives International, LLC, Erie, Pennsylvania engaged in the 
production of industrial couplings, was denied based on the findings 
that during the relevant time period, sales and production of 
industrial couplings at the subject firm did not decrease and no shift 
in production to a foreign country occurred.
    In the request for reconsideration, the petitioners provided the 
same reasons, as in the initial petition, why workers of the subject 
firm should be eligible for TAA. In particular, the petitioners alleged 
that a 202.5 Spacer (Part 079507-001) ``at one time was 
machined complete at Ameridrives and is now being manufactured at Great 
Taiwan Gear in Taiwan.''
    The company official was contacted to address this allegation. The 
official indicated that production of 202.5 Spacer (Part 
079507-001) ceased at the subject firm in 2005.
    When assessing eligibility for TAA, the Department exclusively 
considers production during the relevant time period (one year prior to 
the date of the petition). Therefore, events occurring in 2005 are 
outside of the relevant time period and are not relevant in this 
investigation.
    The petitioners also stated that ``large universal joint components 
such as yokes, crosses and roller bearings are now all purchased from 
China''.
    The company official stated that yokes, crosses and roller bearings 
are ``raw state materials'' used in the production of industrial 
couplings. The official also stated that since 1999 manufacturing of 
these parts have been outsourced to other companies as they were no 
longer produced at the subject firm.
    The petitioners attached two documents showing Ameridrives foreign 
sister facilities, where ``products formerly made in Erie could be 
possibly now be manufactured.''
    According to the company official, none of the Ameridrives foreign 
facilities manufacture like or directly competitive products with 
industrial couplings manufactured by the subject facility in Erie, 
Pennsylvania.
    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 at Washington, DC, this 7th day of May, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-10591 Filed 5-12-08; 8:45 am]

BILLING CODE 4510-FN-P

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