Faradyne Motors, A Joint Venture of ITT Industries and Pentair, Incorporated, Formerly Known as Success Enterprises LLC, Including On-Site Leased Workers From Kelly Services, Newark, NY, Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 55252-55253 [E7-19177]
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jlentini on PROD1PC65 with NOTICES
55252
Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Notices
cleaners/washers at the subject firm
decreased during the relevant period.
Rather, sales and production levels at
the subject firm increased in 2006 from
2005 levels, and increased during
January through July 2007 from January
through July 2006 levels. The
investigation also revealed that the
subject firm did not shift production of
parts cleaners/washers abroad. Rather,
the shift of production was to an
affiliated, domestic facility. Therefore,
the Department determined that neither
Section 222(a)(2)(A) nor Section
222(a)(2)(B) was satisfied.
The petitioner contends that ‘‘no
automatic parts washers were
manufactured in Mexico, but pressure
washers are being manufactured in
Mexico’’ and that it does not matter that
‘‘the manufacture of our specific
product did not go to Mexico, because
our company produces a family of
products. Transfer of one product in the
family, affects the other products in the
family.’’
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 misinterpretation of facts or of
the law justified reconsideration of the
decision.
In the request for reconsideration, the
petitioner did not provide any new facts
or allege any mistake of facts. Rather,
the petitioner alleges that the
Department has misinterpreted the
law—that the shift of production of
pressure washers from C-Tech
Industries, Camas, Washington, to
Mexico is a basis for a certification of
eligibility for workers and former
workers of C-Tech Industries, A
Subsidiary of Alfred Karcher GMBH &
Co. KG, Calumet, Michigan to apply for
TAA and ATAA.
The statute requires that the shift of
production abroad must be of an article
that is like or directly competitive with
those produced at the subject firm.
Because pressure washers and
automatic parts washers are not similar
to each other and are not directly
competitive with each other, the
Department determines that the shift of
pressure washers to Mexico cannot be
the basis for certification of a worker
group that produces parts washers.
VerDate Aug<31>2005
17:12 Sep 27, 2007
Jkt 211001
Conclusion
DEPARTMENT OF LABOR
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.
Employment and Training
Administration
Signed at Washington, DC, this 24th day of
September 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–19181 Filed 9–27–07; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–61,674]
EGS Electrical Group, Sola/Hevi-Duty
Division, Nashville, TN; Dismissal of
Application for Reconsideration
Pursuant to 29 CFR 90.18(c) an
application for administrative
reconsideration was filed with the
Director of the Division of Trade
Adjustment Assistance for workers at
EGS Electrical Group, Sola/Hevi-Duty
Division, Nashville, Tennessee. The
application did not contain new
information supporting a conclusion
that the determination was erroneous,
and also did not provide a justification
for reconsideration of the determination
that was based on either mistaken facts
or a misinterpretation of facts or of the
law. Therefore, a letter of dismissal was
issued, which constitutes a negative
determination regarding the application
for reconsideration.
TA–W–61,674; EGS Electrical Group Sola/
Hevi-Duty Division Nashville, Tennessee
(September 4, 2007).
Signed at Washington, DC this 21st day of
September 2007.
Ralph DiBattista,
Director, Division of Trade Adjustment
Assistance.
[FR Doc. E7–19178 Filed 9–27–07; 8:45 am]
BILLING CODE 4510–FN–P
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[TA–W–61,671]
Faradyne Motors, A Joint Venture of
ITT Industries and Pentair,
Incorporated, Formerly Known as
Success Enterprises LLC, Including
On-Site Leased Workers From Kelly
Services, Newark, NY, Amended
Certification Regarding Eligibility To
Apply for Worker Adjustment
Assistance and Alternative Trade
Adjustment Assistance
In accordance with Section 223 of the
Trade Act of 1974 (19 U.S.C. 2273), and
Section 246 of the Trade Act of 1974 (26
U.S.C. 2813), as amended, the
Department of Labor issued a
Certification of Eligibility to Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment
Assistance on June 20, 2007, applicable
to workers of Faradyne Motors, A Joint
Venture of ITT Industries and Pentair,
Inc., Newark, New York. The notice was
published in the Federal Register on
July 9, 2007 (72 FR 37365).
At the request of the company, the
Department reviewed the certification
for workers of the subject firm. The
workers are engaged in the production
of motors for pumps. The subject firm
originally named Success Enterprises
LLC was renamed Faradyne Motors due
to a corporate decision in 2006. The
State agency reports that some workers
wages at the subject firm are being
reported under the Unemployment
Insurance (UI) tax account for Success
Enterprises LLC, Newark, New York.
Accordingly, the Department is
amending the certification to properly
reflect this matter.
The intent of the Department’s
certification is to include all workers of
Faradyne Motors who were adversely
affected by increased company imports
following a shift in production to China.
The amended notice applicable to
TA–W–61,671 is hereby issued as
follows:
All workers of Faradyne Motors, A Joint
Venture of ITT Industries and Pentair, Inc.,
formerly known as Success Enterprises LLC,
including on-site leased workers from Kelly
Services, Newark, New York, who became
totally or partially separated from
employment on or after June 11, 2006,
through June 20, 2009, are eligible to apply
for adjustment assistance under Section 223
of the Trade Act of 1974, and are also eligible
to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act
of 1974.
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Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Notices
Signed at Washington, DC this 24th day of
September 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–19177 Filed 9–27–07; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–62,183]
Hartmann, Inc., Lebanon, TN; Notice of
Termination of Investigation
Pursuant to Section 221 of the Trade
Act of 1974, an investigation was
initiated on September 21, 2007 in
response to a worker petition filed by a
company official on behalf of workers at
Hartmann, Inc., Lebanon, Tennessee.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Signed at Washington, DC this 24th day of
September, 2007.
Richard Church,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–19176 Filed 9–27–07; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–61,852]
jlentini on PROD1PC65 with NOTICES
Schnadig Corporation, Montoursville,
PA; Notice of Negative Determination
Regarding Application for
Reconsideration
By application dated September 3,
2007, 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
August 3, 2007 and published in the
Federal Register on August 14, 2007 (72
FR 45451).
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
VerDate Aug<31>2005
17:12 Sep 27, 2007
Jkt 211001
(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 Schnadig
Corporation, Montoursville,
Pennsylvania engaged in the production
of lawn and garden products, was
denied based on the findings that during
the relevant time period, the subject
company did not separate or threaten to
separate a significant number or
proportion of workers, as required by
Section 222 of the Trade Act of 1974.
In the request for reconsideration, the
petitioner alleges that because he was a
part of the initially certified worker
group and remained employed by the
subject firm after all the production
stopped and beyond the expiration date
of the original TAA certification, he
should be also eligible for TAA.
The workers of the subject firm were
previously certified eligible for TAA
(TA–W–55,198). This certification
expired on July 15, 2006. The
investigation revealed that production at
the subject firm ceased in August of
2004.
When assessing eligibility for TAA,
the Department exclusively considers
the relevant employment data (for one
year prior to the date of the petition and
any imminent layoffs) for the facility
where the petitioning worker group was
employed. In this case, the employment
since the expiration of the previous
certification was considered. The
subject firm did not separate or threaten
to separate a significant number of
proportion of workers as required by
Section 222 of the Trade Act of 1974.
Significant number or proportion of the
workers in a firm or appropriate
subdivision means at least three workers
in a workforce of fewer than 50 workers,
five percent of the workers in a
workforce of over 50 workers, or at least
50 workers.
Moreover, in its investigation, the
Department considers production that
occurred one year prior to the date of
the petition as required in the Trade
Adjustment Assistance regulations.
Thus the period ending in 2004 is
outside of the relevant period as
established by the current petition date
of July 12, 2007. The investigation
revealed that the subject facility did not
manufacture articles since 2004 and
workers of the subject firm were not
engaged in production of an article or
supporting production of the article
during the relevant time period. The
Department further found that no new
information was provided to contradict
the original negative findings.
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55253
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 21st day of
September, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–19179 Filed 9–27–07; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–61,864; TA–W–61,864C]
Syroco, Inc., Baldwinsville, NY,
Including an Employee Located in
Houston, TX; Amended Certification
Regarding Eligibility To Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment
Assistance
In accordance with Section 223 of the
Trade Act of 1974 (19 U.S.C. 2273), and
Section 246 of the Trade Act of 1974 (26
U.S.C. 2813), as amended, the
Department of Labor issued a
Certification of Eligibility to Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment
Assistance on July 27, 2007, applicable
to workers of Syroco, Inc.,
Baldwinsville, New York. The notice
was published in the Federal Register
on August 9, 2007 (72 FR 44865).
At the request of the State agency, the
Department reviewed the certification
for workers of the subject firm. New
information shows that a worker
separation has occurred involving an
employee of the Baldwinsville, New
York facility of Syroco, Inc. located in
Houston, Texas. Mr. John Minnelli
provided sales support services for the
production of plastic patio furniture that
is produced at the Baldwinsville, New
York location of the subject firm.
Based on these findings, the
Department is amending this
certification to include an employee of
the Baldwinsville, New York facility of
Syroco, Inc., located in Houston, Texas.
The intent of the Department’s
certification is to include all workers of
Syroco, Inc., Baldwinsville, New York
who were adversely affected by
increased customer imports.
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]]>Agencies
[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Notices]
[Pages 55252-55253]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19177]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-61,671]
Faradyne Motors, A Joint Venture of ITT Industries and Pentair,
Incorporated, Formerly Known as Success Enterprises LLC, Including On-
Site Leased Workers From Kelly Services, Newark, NY, Amended
Certification Regarding Eligibility To Apply for Worker Adjustment
Assistance and Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C.
2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as
amended, the Department of Labor issued a Certification of Eligibility
to Apply for Worker Adjustment Assistance and Alternative Trade
Adjustment Assistance on June 20, 2007, applicable to workers of
Faradyne Motors, A Joint Venture of ITT Industries and Pentair, Inc.,
Newark, New York. The notice was published in the Federal Register on
July 9, 2007 (72 FR 37365).
At the request of the company, the Department reviewed the
certification for workers of the subject firm. The workers are engaged
in the production of motors for pumps. The subject firm originally
named Success Enterprises LLC was renamed Faradyne Motors due to a
corporate decision in 2006. The State agency reports that some workers
wages at the subject firm are being reported under the Unemployment
Insurance (UI) tax account for Success Enterprises LLC, Newark, New
York.
Accordingly, the Department is amending the certification to
properly reflect this matter.
The intent of the Department's certification is to include all
workers of Faradyne Motors who were adversely affected by increased
company imports following a shift in production to China.
The amended notice applicable to TA-W-61,671 is hereby issued as
follows:
All workers of Faradyne Motors, A Joint Venture of ITT
Industries and Pentair, Inc., formerly known as Success Enterprises
LLC, including on-site leased workers from Kelly Services, Newark,
New York, who became totally or partially separated from employment
on or after June 11, 2006, through June 20, 2009, are eligible to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
[[Page 55253]]
Signed at Washington, DC this 24th day of September 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-19177 Filed 9-27-07; 8:45 am]
BILLING CODE 4510-FN-P
