Molon Motor and Coil Corporation, El Paso, TX; Notice of Negative Determination Regarding Application for Reconsideration, 60911-60912 [E7-21187]

Download as PDF Federal Register / Vol. 72, No. 207 / Friday, October 26, 2007 / Notices 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. None. rmajette on PROD1PC64 with NOTICES Negative Determinations for Alternative Trade Adjustment Assistance In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified. The Department has determined that criterion (1) of Section 246 has not been met. The firm does not have a significant number of workers 50 years of age or older. TA–W–62,205; Gemtron Corporation, Holland, MI. The Department has determined that criterion (2) of Section 246 has not been met. Workers at the firm possess skills that are easily transferable. None. The Department has determined that criterion (3) of Section 246 has not been met. Competition conditions within the workers’ industry are not adverse. None. Negative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified. Because the workers of the firm are not eligible to apply for TAA, the workers cannot be certified eligible for ATAA. The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) (employment decline) have not been met. None. The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. None. The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. TA–W–62,033; Textile Arts and Film, Inc., Chester, SC. TA–W–62,102; Network Appliance, Inc., Sunnyvale, CA. The workers’ firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. VerDate Aug<31>2005 15:23 Oct 25, 2007 Jkt 214001 TA–W–62,176; First American Title Insurance Co, Eagle Production Center, Flint, MI. The investigation revealed that criteria of Section 222(b)(2) has not been met. The workers’ firm (or subdivision) is not a supplier to or a downstream producer for a firm whose workers were certified eligible to apply for TAA. None. I hereby certify that the aforementioned determinations were issued during the period of October 9 through October 12, 2007. Copies of these determinations are available for inspection in Room C–5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: October 19, 2007. Ralph DiBattista, Director, Division of Trade Adjustment Assistance. [FR Doc. E7–21184 Filed 10–25–07; 8:45 am] 60911 a company official on behalf of workers of Manpower Incorporated, Spring Lake, Michigan. All workers of the subject firm are covered by a certification of eligibility to apply for worker adjustment assistance and alternative trade adjustment assistance under petition number TA– W–61,530 (amended), that does not expire until August 23, 2009. Consequently, further investigation in this case would serve no purpose and the investigation under this petition has been terminated. Signed at Washington, DC, this 22nd day of October 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–21189 Filed 10–25–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR BILLING CODE 4510–FN–P Employment and Training Administration DEPARTMENT OF LABOR [TA–W–61,983] Employment and Training Administration [TA–W–62,267] Lamplight Farms, Menomonee Falls, WI; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on October 9, 2007 in response to a petition filed by a company official on behalf of workers of Lamplight Farms, Menomonee Falls, Wisconsin. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 18th day of October 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–21190 Filed 10–25–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–62,253] Manpower Incorporated, Loveland, CO; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on October 4, 2007 in response to a petition filed by PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 Molon Motor and Coil Corporation, El Paso, TX; Notice of Negative Determination Regarding Application for Reconsideration By application dated September 17, 2007, the petitioner requested administrative reconsideration of the Department’s negative determination regarding eligibility to apply for Trade Adjustment Assistance (TAA), applicable to workers and former workers of the subject firm. The denial notice was signed on September 7, 2007 and published in the Federal Register on September 21, 2007 (72 FR 54076). 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. The petition for the workers of Molon Motor and Coil Corporation, El Paso, Texas engaged in production of vacuum cleaner motors was denied because the ‘‘contributed importantly’’ group eligibility requirement of Section 222 of the Trade Act of 1974, as amended, was not met. The ‘‘contributed importantly’’ test is generally demonstrated through a E:\FR\FM\26OCN1.SGM 26OCN1 60912 Federal Register / Vol. 72, No. 207 / Friday, October 26, 2007 / Notices survey of the workers’ firm’s declining customers. The investigation revealed that all vacuum cleaner motors produced by the subject firm were exported to Mexico and the subject firm had no domestic customers. The investigation further revealed that there was no shift in production from that firm to a foreign country nor did the subject firm import vacuum cleaner motors in 2005, 2006 and January through July 2007. The petitioner attached a letter from the subject firm’s customer indicating that this customer ‘‘discontinued use of the Molon motors in favor of an Asian sourced motor’’ and that this customer ‘‘was the sole customer using the motors produced’’ at the subject firm. The Department contacted the sole customer of the subject firm for further clarification. The customer confirmed that even though his firm is a U.S. based company, the production facility for which the vacuum cleaner motors were purchased is located in Mexico. The customer stated that all vacuum cleaner motors purchased from the subject firm were shipped directly to the Mexican facility and thus were exports. This facility in Mexico is now purchasing vacuum cleaner motors from Asia and there was no increase in imports of vacuum cleaner motors into the United States by this customer. Therefore, the loss of business at the subject firm is attributed to a loss in export sales. 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 in Washington, DC, this 19th day of October, 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–21187 Filed 10–25–07; 8:45 am] rmajette on PROD1PC64 with NOTICES BILLING CODE 4510–FN–P Signed at Washington, DC this 23rd day of October 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–21186 Filed 10–25–07; 8:45 am] DEPARTMENT OF LABOR Employment and Training Administration [TA–W–61,555] BILLING CODE 4510–FN–P National Braid Manufacturing Co., Also Known As Long Island City Trim, Long Island City, 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 15, 2007, applicable to workers of National Braid Manufacturing Co., Long Island City, New York. The notice was published in the Federal Register on June 28, 2007 (72 FR 35516). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers were engaged in the production of trimmings for textiles. New information shows that the correct name of the subject firm should read National Braid Manufacturing Co., also known as Long Island City Trim. Workers separated from employment at the subject firm had their wages reported under a separate unemployment insurance (UI) tax accounts for National Braid Manufacturing Co., also known as Long Island City Trim. Accordingly, the Department is amending this certification to correctly identify the name of the subject firm. The intent of the Department’s certification is to include all workers of National Braid Manufacturing Co., Long Island City, New York, who were adversely affected by increased company imports of trimmings for textiles. The amended notice applicable to TA–W–61,555 is hereby issued as follows: ‘‘All workers of National Braid Manufacturing Co., also known as Long Island City Trim, Long Island City, New York, who became totally or partially separated from employment on or after May 15, 2006, through June 15, 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.’’ VerDate Aug<31>2005 15:23 Oct 25, 2007 Jkt 214001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 NATIONAL SCIENCE FOUNDATION Notice of Permit Application Received Under the Antarctic Conservation Act of 1978 National Science Foundation. Notice of permit applications received under the Antarctic Conservation Act. AGENCY: ACTION: SUMMARY: Notice is hereby given that the National Science Foundation (NSF) has received a waste management permit application for operation of a remote field support and emergency provisions helicopter flight seeing for the Motor Vessel, Octopus for the 2006– 2007 austral summer season. The application is submitted to NSF pursuant to regulations issued under the Antarctic Conservation Act of 1978. DATES: Interested parties are invited to submit written data, comments, or views with respect to this permit application by November 26, 2007. Permit applications may be inspected by interested parties at the Permit Office, address below. ADDRESSES: Comments should be addressed to Permit Office, Room 755, Office of Polar Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, Virginia 22230. FOR FURTHER INFORMATION CONTACT: Dr. Polly A. Penhale, Environmental Officer, at the above address or (703) 292–8030. SUPPLEMENTARY INFORMATION: NSF’s Antarctic Waste Regulation, 45 CFR part 671, requires all U.S. citizens and entities to obtain a permit for the use or release of a designated pollutant in Antarctica, and for the release of waste in Antarctica. NSF has received a permit application under this Regulation for a team of eight traveling with the S/V Pelagic Australis that will spend four weeks traveling by sailboat, sea kayak, and foot along the northeastern coast of the Antarctic Peninsula and certain outlying islands. Some camping ashore will occur and any and all trash generated will be returned to the Pelagic for disposal in accordance with the vessel’s permitted procedures. Fuel for cook stoves will be transferred to appropriate fuel bottles prior to leaving South America. Any batteries taken E:\FR\FM\26OCN1.SGM 26OCN1

Agencies

[Federal Register Volume 72, Number 207 (Friday, October 26, 2007)]
[Notices]
[Pages 60911-60912]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21187]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,983]


Molon Motor and Coil Corporation, El Paso, TX; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated September 17, 2007, the petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on September 7, 2007 and 
published in the Federal Register on September 21, 2007 (72 FR 54076).
    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.
    The petition for the workers of Molon Motor and Coil Corporation, 
El Paso, Texas engaged in production of vacuum cleaner motors was 
denied because the ``contributed importantly'' group eligibility 
requirement of Section 222 of the Trade Act of 1974, as amended, was 
not met. The ``contributed importantly'' test is generally demonstrated 
through a

[[Page 60912]]

survey of the workers' firm's declining customers. The investigation 
revealed that all vacuum cleaner motors produced by the subject firm 
were exported to Mexico and the subject firm had no domestic customers. 
The investigation further revealed that there was no shift in 
production from that firm to a foreign country nor did the subject firm 
import vacuum cleaner motors in 2005, 2006 and January through July 
2007.
    The petitioner attached a letter from the subject firm's customer 
indicating that this customer ``discontinued use of the Molon motors in 
favor of an Asian sourced motor'' and that this customer ``was the sole 
customer using the motors produced'' at the subject firm.
    The Department contacted the sole customer of the subject firm for 
further clarification. The customer confirmed that even though his firm 
is a U.S. based company, the production facility for which the vacuum 
cleaner motors were purchased is located in Mexico. The customer stated 
that all vacuum cleaner motors purchased from the subject firm were 
shipped directly to the Mexican facility and thus were exports. This 
facility in Mexico is now purchasing vacuum cleaner motors from Asia 
and there was no increase in imports of vacuum cleaner motors into the 
United States by this customer. Therefore, the loss of business at the 
subject firm is attributed to a loss in export sales.

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 in Washington, DC, this 19th day of October, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-21187 Filed 10-25-07; 8:45 am]
BILLING CODE 4510-FN-P