Agilent Technologies, Measurement Systems Division, Loveland, CO; Notice of Revised Determination on Reconsideration, 27562 [E8-10589]
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Federal Register / Vol. 73, No. 93 / Tuesday, May 13, 2008 / Notices
in the determination of facts not
previously considered; or
(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 Ameridrives
International, LLC, Erie, Pennsylvania
engaged in the production of industrial
couplings, was denied based on the
findings that during the relevant time
period, sales and production of
industrial couplings at the subject firm
did not decrease and no shift in
production to a foreign country
occurred.
In the request for reconsideration, the
petitioners provided the same reasons,
as in the initial petition, why workers of
the subject firm should be eligible for
TAA. In particular, the petitioners
alleged that a 202.5 Spacer (Part#
079507–001) ‘‘at one time was
machined complete at Ameridrives and
is now being manufactured at Great
Taiwan Gear in Taiwan.’’
The company official was contacted
to address this allegation. The official
indicated that production of 202.5
Spacer (Part# 079507–001) ceased at the
subject firm in 2005.
When assessing eligibility for TAA,
the Department exclusively considers
production during the relevant time
period (one year prior to the date of the
petition). Therefore, events occurring in
2005 are outside of the relevant time
period and are not relevant in this
investigation.
The petitioners also stated that ‘‘large
universal joint components such as
yokes, crosses and roller bearings are
now all purchased from China’’.
The company official stated that
yokes, crosses and roller bearings are
‘‘raw state materials’’ used in the
production of industrial couplings. The
official also stated that since 1999
manufacturing of these parts have been
outsourced to other companies as they
were no longer produced at the subject
firm.
The petitioners attached two
documents showing Ameridrives
foreign sister facilities, where ‘‘products
formerly made in Erie could be possibly
now be manufactured.’’
According to the company official,
none of the Ameridrives foreign
facilities manufacture like or directly
competitive products with industrial
couplings manufactured by the subject
facility in Erie, Pennsylvania.
The petitioner did not supply facts
not previously considered; nor provide
additional documentation indicating
that there was either (1) a mistake in the
determination of facts not previously
VerDate Aug<31>2005
17:17 May 12, 2008
Jkt 214001
considered or (2) a misinterpretation of
facts or of the law justifying
reconsideration of the initial
determination.
After careful review of the request for
reconsideration, the Department
determines that 29 CFR 90.18(c) has not
been met.
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 7th day of
May, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–10591 Filed 5–12–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–62,661]
Agilent Technologies, Measurement
Systems Division, Loveland, CO;
Notice of Revised Determination on
Reconsideration
On April 17, 2008, the Department
issued an Affirmative Determination
Regarding Application on
Reconsideration applicable to workers
and former workers of the subject firm.
The notice was published in the Federal
Register on April 25, 2008 (73 FR
22433–22434).
The previous investigation was
initiated on January 11, 2008 and
resulted in a negative determination
issued on March 13, 2008. The finding
revealed that the worker separations at
the subject firm were attributed to a
shift in production of automated X-ray
inspection system prototypes (including
software code and hardware design
functions) to Malaysia, a country that is
not a party to a free trade agreement nor
a beneficiary country with the United
States. The subject firm did not import
automated X-ray inspection system
prototypes (including software code and
hardware design functions) following
the shift in production to a foreign
source. The denial notice was published
in the Federal Register on February 29,
2008 (73 FR 11153).
The request for reconsideration
alleges that Agilent Technologies may
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
be in fact an importer of X-ray
inspection systems and software.
Upon further contact with company
official, it was revealed that the subject
firm manufactured only software
products during the relevant period.
Based on new information it has been
determined that the subject firm
workers were impacted by a shift in
production of software to Malaysia
during the relevant period. The
investigation also revealed that the firm
recently increased their imports of
software from Malaysia.
In accordance with Section 246 of the
Trade Act of 1974 (26 U.S.C. 2813), as
amended, the Department of Labor
herein presents the results of its
investigation regarding certification of
eligibility to apply for alternative trade
adjustment assistance (ATAA) for older
workers.
In order for the Department to issue
a certification of eligibility to apply for
ATAA, the group eligibility
requirements of Section 246 of the
Trade Act must be met. The Department
has determined in this case that the
requirements of Section 246 have been
met.
A significant number of workers at the
firm are age 50 or over and possess
skills that are not easily transferable.
Competitive conditions within the
industry are adverse.
Conclusion
After careful review of the facts
obtained in the investigation, I
determine that there was a shift in
production from the workers’ firm or
subdivision to Malaysia of articles that
are like or directly competitive with
those produced by the subject firm or
subdivision, and there has been or is
likely to be an increase in imports of
like or directly competitive articles. In
accordance with the provisions of the
Act, I make the following certification:
‘‘All workers of Agilent Technologies,
Measurement Systems Division, Loveland,
Colorado, who became totally or partially
separated from employment on or after
January 10, 2007, through two years from the
date of this certification, 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.’’
Signed in Washington, DC, this 6th day of
May 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–10589 Filed 5–12–08; 8:45 am]
BILLING CODE 4510–FN–P
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[Federal Register Volume 73, Number 93 (Tuesday, May 13, 2008)]
[Notices]
[Page 27562]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10589]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-62,661]
Agilent Technologies, Measurement Systems Division, Loveland, CO;
Notice of Revised Determination on Reconsideration
On April 17, 2008, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable to
workers and former workers of the subject firm. The notice was
published in the Federal Register on April 25, 2008 (73 FR 22433-
22434).
The previous investigation was initiated on January 11, 2008 and
resulted in a negative determination issued on March 13, 2008. The
finding revealed that the worker separations at the subject firm were
attributed to a shift in production of automated X-ray inspection
system prototypes (including software code and hardware design
functions) to Malaysia, a country that is not a party to a free trade
agreement nor a beneficiary country with the United States. The subject
firm did not import automated X-ray inspection system prototypes
(including software code and hardware design functions) following the
shift in production to a foreign source. The denial notice was
published in the Federal Register on February 29, 2008 (73 FR 11153).
The request for reconsideration alleges that Agilent Technologies
may be in fact an importer of X-ray inspection systems and software.
Upon further contact with company official, it was revealed that
the subject firm manufactured only software products during the
relevant period. Based on new information it has been determined that
the subject firm workers were impacted by a shift in production of
software to Malaysia during the relevant period. The investigation also
revealed that the firm recently increased their imports of software
from Malaysia.
In accordance with Section 246 of the Trade Act of 1974 (26 U.S.C.
2813), as amended, the Department of Labor herein presents the results
of its investigation regarding certification of eligibility to apply
for alternative trade adjustment assistance (ATAA) for older workers.
In order for the Department to issue a certification of eligibility
to apply for ATAA, the group eligibility requirements of Section 246 of
the Trade Act must be met. The Department has determined in this case
that the requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over and
possess skills that are not easily transferable. Competitive conditions
within the industry are adverse.
Conclusion
After careful review of the facts obtained in the investigation, I
determine that there was a shift in production from the workers' firm
or subdivision to Malaysia of articles that are like or directly
competitive with those produced by the subject firm or subdivision, and
there has been or is likely to be an increase in imports of like or
directly competitive articles. In accordance with the provisions of the
Act, I make the following certification:
``All workers of Agilent Technologies, Measurement Systems
Division, Loveland, Colorado, who became totally or partially
separated from employment on or after January 10, 2007, through two
years from the date of this certification, 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.''
Signed in Washington, DC, this 6th day of May 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-10589 Filed 5-12-08; 8:45 am]
BILLING CODE 4510-FN-P
