Agilent Technologies, Measurement Systems Division, Loveland, CO; Notice of Revised Determination on Reconsideration, 27562 [E8-10589]

Download as PDF rwilkins on PROD1PC63 with NOTICES 27562 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 E:\FR\FM\13MYN1.SGM 13MYN1

Agencies

[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