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]

Download as PDF Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Notices form of relief is a limited exclusion order prohibiting the unlicensed entry of voltage regulators that infringe one or more of claims 2, 3, and 34 of the ’258 patent and that are manufactured by or on behalf of AATI, its affiliated companies, parents, subsidiaries, licensees, contractors, or other related business entities, or successors or assigns. The Commission further determined that the public interest factors enumerated in section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude issuance of the limited exclusion order. Finally, the Commission determined that the amount of bond to permit temporary importation during the Presidential review period (19 U.S.C. 1337(j)) shall be in the amount of one hundred (100) percent of the entered value of the articles that are subject to the order. The Commission’s order was delivered to the President and the United States Trade Representative on the day of its issuance. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.45 of the Commission’s Rules of Practice and Procedure (19 CFR 210.45). By order of the Commission. Issued: September 24, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–19123 Filed 9–27–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–07–019] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: October 5, 2007 at 11 a.m. PLACE: Room 101, 500 E Street, SW., Washington, DC 20436. Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agenda for future meetings: none. 2. Minutes. 3. Ratification List. 4. Inv. Nos. 731–TA–1124 and 1125 (Preliminary) (Electrolytic Manganese Dioxide from Australia and China)— briefing and vote. (The Commission is currently scheduled to transmit its determinations to the Secretary of Commerce on or before October 9, 2007; jlentini on PROD1PC65 with NOTICES AGENCY HOLDING THE MEETING: VerDate Aug<31>2005 17:12 Sep 27, 2007 Jkt 211001 Commissioners’ opinions are currently scheduled to be transmitted to the Secretary of Commerce on or before October 16, 2007.) 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission. Issued: September 25, 2007. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E7–19186 Filed 9–27–07; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Employee Benefits Security Administration Pursuant to the authority contained in Section 512 of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1142, the Working Groups assigned by the Advisory Council on Employee Welfare and Pension Benefit Plans to study the issues of (1) financial literacy, (2) participant benefit statements, and (3) fiduciary responsibilities updates and revenue sharing will hold public teleconference meetings on October 16, 2007. The sessions will take place in Room C5515A, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. The purpose of the open meetings is for each Working Group to discuss its report/recommendations for the Secretary of Labor. The meetings will run from 10 a.m. to approximately 4 p.m., starting with the Working Group on Financial Literacy, followed by the Working Group on Participant Benefit Statements, followed by the Working Group on Fiduciary Responsibilities Updates and Revenue Sharing. Organizations or members of the public wishing to submit a written statement pertaining to the topic may do so by submitting 25 copies on or before October 9, 2007 to Larry Good, Executive Secretary, ERISA Advisory Council, U.S. Department of Labor, Suite N–5623, 200 Constitution Avenue, NW., Washington, DC 20210. Statements also may be submitted electronically to good.larry@dol.gov. Frm 00080 Fmt 4703 Sfmt 4703 Statements received on or before October 9, 2007 will be included in the record of the meeting. Individuals or representatives of organizations wishing to address one or more of the Working Groups should forward their requests to the Executive Secretary or telephone (202) 693–8668. Oral presentations will be limited to 10 minutes, time permitting, but an extended statement may be submitted for the record. Individuals with disabilities who need special accommodations should contact Larry Good by October 9 at the address indicated. Signed at Washington, DC this 24th day of September, 2007. Bradford P. Campbell, Assistant Secretary, Employee Benefits Security Administration. [FR Doc. E7–19190 Filed 9–27–07; 8:45 am] BILLING CODE 4510–29–P Advisory Council on Employee Welfare and Pension Benefit Plans Working Group on Financial Literacy, Working Group on Participant Benefit Statements, and Working Group on Fiduciary Responsibilities Updates and Revenue Sharing; Notice of Meeting PO 00000 55251 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 E:\FR\FM\28SEN1.SGM 28SEN1 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 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 [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. E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[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