C-Tech Industries, A Subsidiary of Alfred Karcher GMBH and Co. KG Calumet, MI; Notice of Negative Determination Regarding Application for Reconsideration, 55251-55252 [E7-19181]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Notices]
[Pages 55251-55252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19181]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,927]


C-Tech Industries, A Subsidiary of Alfred Karcher GMBH and Co. KG 
Calumet, MI; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated September 5, 2007, a worker requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
C-Tech Industries, A Subsidiary of Alfred Karcher GMBH & Co. KG, 
Calumet, Michigan (subject firm) to apply for Trade Adjustment 
Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA). 
The negative determination applicable to workers of the subject firm 
was issued on August 14, 2007. The Department's Notice of determination 
was published in the Federal Register on August 30, 2007 (72 FR 50126). 
Workers at the subject firm produce automatic parts cleaners (parts 
washers).
    The petition, dated August 1, 2007, stated that the subject firm 
shifted production to a foreign country and that the subject firm will 
close in November 2007. The petition attachments stated that production 
of pressure washers at the C-Tech Industries, Camas, Washington plant 
shifted to an affiliated facility in Monterrey, Mexico, and that ``C-
Tech industries in Camas, Washington takes over all production of parts 
washers.''
    The investigation revealed that neither sales nor production of 
parts

[[Page 55252]]

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.

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 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