Key Gas Components, Inc., Marion, NC; Notice of Negative Determination Regarding Application for Reconsideration, 7045 [2010-3017]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 75, Number 30 (Tuesday, February 16, 2010)]
[Notices]
[Page 7045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3017]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-71,701]


Key Gas Components, Inc., Marion, NC; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated January 8, 2010, a 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 December 31, 2009 and 
will soon be published in the Federal Register.
    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 negative determination of the TAA petition filed on behalf of 
workers at Key Gas Components, Inc., Marion, North Carolina was based 
on the finding that imports of valves and manifolds did not contribute 
importantly to worker separations at the subject firm and there was no 
shift in production from the subject firm to a foreign country during 
the period under investigation.
    The petitioner stated that the workers of the subject firm should 
be eligible for TAA because the worker separations were directly caused 
by the imports of articles like or directly competitive with articles 
manufactured by workers of the subject firm. Moreover, the petitioner 
alleged that Key Gas Components imports these articles.
    The initial investigation did, in fact, reveal imports of like or 
directly competitive products with valves and manifolds manufactured by 
workers of the subject firm. However, the data analysis revealed that 
imports of valves and manifolds declined relatively and absolutely to 
the subject firm's sales and production from 2007 to 2008 and further 
declined during January through June, 2009 over the corresponding 2008 
period.
    Furthermore, the Department surveyed subject firm's major declining 
customers regarding their purchases of valves and manifolds during the 
relevant period. The survey revealed no imports of valves and 
manifolds.
    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 2nd day of February, 2010.
Del Min Amy Chen,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-3017 Filed 2-12-10; 8:45 am]
BILLING CODE 4510-FN-P