Cencorp, LLC, Longmont, CO; Notice of Negative Determination Regarding Application for Reconsideration, 76062 [E8-29616]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 73, Number 241 (Monday, December 15, 2008)]
[Notices]
[Page 76062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29616]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,133]


Cencorp, LLC, Longmont, CO; Notice of Negative Determination 
Regarding Application for Reconsideration

    By application dated November 17, 2008, a company official 
requested administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA) and 
Alternative Trade Adjustment Assistance (ATAA). The denial notice was 
signed on October 23, 2008, and published in the Federal Register on 
November 10, 2008 (73 FR 66677).
    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 TAA petition, which was filed on behalf of workers at Cencorp, 
LLC, Longmont, Colorado, was based on the finding that the worker group 
does not produce an article within the meaning of Section 222 of the 
Trade Act of 1974.
    In the request for reconsideration, the petitioner stated that 
workers of the subject firm were previously certified eligible for 
Trade Adjustment Assistance. The petitioner further stated that in 
order to reveal the import impact, the Department should consider the 
time period and events which were considered in the 2006 investigation. 
The petitioner appears to allege that because the subject firm was 
previously certified eligible for TAA, the workers of the subject firm 
should be granted another TAA certification.
    When assessing eligibility for TAA, the Department exclusively 
considers production during the relevant time period (from one year 
prior to the date of the petition). Therefore, events occurring in 2006 
are outside of the relevant period and are not relevant in this 
investigation.
    The investigation revealed that workers of the subject firm were 
engaged in field support services for the foreign production of 
depaneling equipment during the relevant period. Specifically, the 
workers assisted their parent company located abroad in procuring 
materials. These functions, as described above, are not considered to 
be production of an article within the meaning of Section 222 of the 
Trade Act.
    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 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 4th day of December 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-29616 Filed 12-12-08; 8:45 am]
BILLING CODE 4510-FN-P