Long Elevator & Machine Company, Inc., Including Workers Whose Wages Were Reported Through Kone, Inc., Riverton, IL; Notice of Negative Determination on Reconsideration, 62265-62266 [2012-25134]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Notices]
[Pages 62265-62266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25134]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-80,525]


Long Elevator & Machine Company, Inc., Including Workers Whose 
Wages Were Reported Through Kone, Inc., Riverton, IL; Notice of 
Negative Determination on Reconsideration

    On May 21, 2012, the Department of Labor issued an Affirmative 
Determination Regarding Application for Reconsideration for workers and 
former workers of Long Elevator & Machine Company, Inc., including 
workers whose wages were reported through Kone, Inc., Riverton, 
Illinois (hereafter referred to as Long Elevator & Machine Company or 
the subject firm). The Department's Notice was published in the Federal 
Register on June 6, 2012 (77 FR 33490). The workers' firm was engaged 
in activities related to the supply of elevator production and repair 
services. The subject worker group was engaged in activities related to 
the supply of elevator repair services, which included production of 
repair parts (elevator component parts).
    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 mis- 
interpretation of facts or of the law justified reconsideration of the 
decision.
    The initial investigation resulted in a negative determination 
based on no shift in production of elevator component parts to a 
foreign country and no increased imports of elevator component parts 
(or like or directly competitive articles). Rather, the supply of 
elevator repair services and production of elevator components at the 
subject firm was consolidated to another facility within the United 
States by the parent company, Kone, Inc.
    In the request for reconsideration, a worker alleged that the 
subject firm's parent company had shifted abroad the production of 
articles like or directly competitive with those produced at the 
subject firm facility of Long Elevator & Machine Company.
    During the reconsideration investigation, the Department clarified 
information provided by workers, sought confirmation of previously-
submitted information from the subject firm, and obtained new 
information from the subject firm.
    Information obtained during the reconsideration investigation 
confirmed that neither the subject firm nor its parent company shifted 
to (or acquired from) a foreign country the production of articles like 
or directly competitive with the elevator component parts produced by 
the subject workers and that neither the subject firm nor its parent 
company shifted to (or acquired from) a foreign country the supply of 
services like or directly competitive with the repair services supplied 
by the subject workers.
    Because each component part is specific to an elevator and the 
replacement parts produced at the Riverton, Illinois facility are for 
existing elevators, the component parts used in new elevators are not 
directly competitive with those for repaired elevators.
    Although Kone, Inc. has facilities abroad which produce new 
elevators for installation, elevators are not like or directly 
competitive with elevator parts because component parts are not like or 
directly competitive with finished articles (elevators). The subject 
firm confirmed that component parts which are like or directly 
competitive with those formerly produced at the Riverton, Illinois 
facility are produced at other domestic facilities.
    Therefore, after careful review of existing information, the 
request for reconsideration, and new information obtained during the 
reconsideration investigation, the Department determines that 29 CFR 
90.18(c) has not been met.

Conclusion

    After careful reconsideration, I affirm the original notice of 
negative determination of eligibility to apply for

[[Page 62266]]

worker adjustment assistance for workers and former workers of Long 
Elevator & Machine Company, Inc., including workers whose wages were 
reported through Kone, Inc., Riverton, Illinois.

    Signed in Washington, DC on this 27th day of September, 2012.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-25134 Filed 10-11-12; 8:45 am]
BILLING CODE 4510-FN-P