EGS Electrical Group, Sola/Hevi-Duty Division, Nashville, TN; Dismissal of Application for Reconsideration, 55252 [E7-19178]
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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 Volume 72, Number 188 (Friday, September 28, 2007)]
[Notices]
[Page 55252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19178]
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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
