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

Download as PDF 76062 Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Notices no shift of production to a foreign source. Upon further review of the initial investigation, it was revealed that sales and production at the subject facility have increased in the relevant period. The subject firm was anticipating a temporary shutdown at the end of 2008 due to problems with equipment. Therefore, the initial determination document should have also stated that criteria (a)(2)(A)(I.B) and (a)(2)(B)(II.B) have not been met. Sales and production of the subject firm increased and there was no shift in production to a foreign country in the relevant period. 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 in Washington, DC this 5th day of December 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–29614 Filed 12–12–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,133] pwalker on PROD1PC71 with NOTICES 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 VerDate Aug<31>2005 20:00 Dec 12, 2008 Jkt 217001 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 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 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 DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,072] Bowling Green Metalforming, Bowling Green, KY; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on September 18, 2008 in response to a petition filed by a company official on behalf of workers at Bowling Green Metalforming, Bowling Green, Kentucky. The workers at the subject facility produce automotive stampings. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed in Washington, DC, this 5th day of December 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–29615 Filed 12–12–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,565] Dakkota Integrated Systems, Chicago, IL; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on December 2, 2008 in response to a petition filed by the United Automobile, Aerospace, and Agricultural Implemental Workers America—UAW, Local 3212 on behalf E:\FR\FM\15DEN1.SGM 15DEN1

Agencies

[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]


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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