VEC Technology, LLC; a Subsidiary of J&D Holdings, LLC; Greenville, Pennsylvania; Notice of Negative Determination Regarding Application for Reconsideration, 29212 [2014-11642]

Download as PDF 29212 Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Notices Signed in Washington, DC, on this 7th day of May, 2014. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2014–11637 Filed 5–20–14; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–85,051] mstockstill on DSK4VPTVN1PROD with NOTICES VEC Technology, LLC; a Subsidiary of J&D Holdings, LLC; Greenville, Pennsylvania; Notice of Negative Determination Regarding Application for Reconsideration By application dated April 10, 2014, a company official requested administrative reconsideration of the Department of Labor’s negative determination regarding eligibility to apply for worker adjustment assistance, applicable to workers and former workers of VEC Technology, LLC, a subsidiary of J&D Holdings, LLC, Greenville, Pennsylvania (subject firm). The determination was issued on March 21, 2014. The Department’s notice of determination was published in the Federal Register on April 8, 2014 (79 FR 19385). The workers’ firm is engaged in activities related to the production of engine hoods, engine cover tooling, and parts for forklifts and drainage trenches. 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 negative determination of the Trade Adjustment Assistance (TAA) petition filed on behalf of workers at the subject firm was based on the Department’s findings that the subject firm did not shift production of engine hoods and associated articles to a foreign country and that neither the subject firm nor its customers imported engine hoods and associated articles, or articles like or directly competitive, during the relevant time period. In the request for reconsideration, the petitioner asserts that the workers of the VerDate Mar<15>2010 17:42 May 20, 2014 Jkt 232001 subject firm should be eligible to apply for TAA because loss of business that occurred prior to the relevant time period continues to impact the operations of the subject firm. 29 CFR 90.16(b)(3) establishes that the Department find ‘‘increases (absolute or relative) of imports of articles like or directly competitive with articles produced by such workers’ firm or an appropriate subdivision thereof . . . .’’ 29 CFR 90.2 states ‘‘Increased imports means that imports have increased either absolutely or relative to domestic production compared to a representative base period. The representative base period shall be one year consisting of the four quarters immediately preceding the date which is twelve months prior to the date of the petition.’’ In the case at hand, the petition date is February 4, 2014. Therefore, ‘‘the twelve months prior’’ date is February 4, 2013, and the ‘‘representative base period’’ is January 2012 through December 2012. Consequently, imports during January 2013 through December 2013 must have increased from January 2012 through December 2012 levels for the Department to determine that the regulatory definition of ‘‘increased imports’’ is met. The Department’s investigation, which included an inquiry of both subject firm and customer imports, did not reveal increased imports of articles like or directly competitive with those produced at the subject firm during 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. Based on these findings, the Department determines that 29 CFR 90.18(c) has not been met. Conclusion After careful 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 28th day of April, 2014. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. DEPARTMENT OF LABOR Employment and Training Administration Notice of Availability of Funds and Solicitation for Grant Applications for Workforce Innovation Fund Grants Employment and Training Administration, Labor. AGENCY: Notice of Solicitation for Grant Applications (SGA). ACTION: Funding Opportunity Number: SGA/ DFA PY 13–06. SUMMARY: The Employment and Training Administration (ETA), U.S. Department of Labor, announces the availability of up to $53 million in grant funds to be awarded under the Workforce Innovation Fund (WIF) grant program and anticipates awarding between 8–15 grants. These funds support innovative approaches that generate long-term improvements in the performance of the public workforce system, outcomes for job seekers and employers, and cost-effectiveness. All projects funded under the WIF will be rigorously evaluated in order to build a body of knowledge about what works in workforce development. The complete SGA and any subsequent SGA amendments in connection with this solicitation are described in further detail on ETA’s Web site at https://www.doleta.gov/ grants/ or on https://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures, and other program requirements governing this solicitation. The closing date for receipt of applications under this announcement is June 18, 2014. Applications must be received no later than 4:00:00 p.m. Eastern Time. DATES: FOR FURTHER INFORMATION CONTACT: Jeannette Flowers, 200 Constitution Avenue NW., Room N–4716, Washington, DC 20210; Email: Flowers.Jeannette@dol.gov. Signed May 14, 2014 in Washington, DC. Donna Kelly, Grant Officer, Employment and Training Administration. [FR Doc. 2014–11778 Filed 5–20–14; 8:45 am] BILLING CODE 4510–FN–P [FR Doc. 2014–11642 Filed 5–20–14; 8:45 am] BILLING CODE 4510–FN–P PO 00000 Frm 00056 Fmt 4703 Sfmt 9990 E:\FR\FM\21MYN1.SGM 21MYN1

Agencies

[Federal Register Volume 79, Number 98 (Wednesday, May 21, 2014)]
[Notices]
[Page 29212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11642]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-85,051]


VEC Technology, LLC; a Subsidiary of J&D Holdings, LLC; 
Greenville, Pennsylvania; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application dated April 10, 2014, a company official requested 
administrative reconsideration of the Department of Labor's negative 
determination regarding eligibility to apply for worker adjustment 
assistance, applicable to workers and former workers of VEC Technology, 
LLC, a subsidiary of J&D Holdings, LLC, Greenville, Pennsylvania 
(subject firm). The determination was issued on March 21, 2014. The 
Department's notice of determination was published in the Federal 
Register on April 8, 2014 (79 FR 19385).
    The workers' firm is engaged in activities related to the 
production of engine hoods, engine cover tooling, and parts for 
forklifts and drainage trenches.
    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 negative determination of the Trade Adjustment Assistance (TAA) 
petition filed on behalf of workers at the subject firm was based on 
the Department's findings that the subject firm did not shift 
production of engine hoods and associated articles to a foreign country 
and that neither the subject firm nor its customers imported engine 
hoods and associated articles, or articles like or directly 
competitive, during the relevant time period.
    In the request for reconsideration, the petitioner asserts that the 
workers of the subject firm should be eligible to apply for TAA because 
loss of business that occurred prior to the relevant time period 
continues to impact the operations of the subject firm.
    29 CFR 90.16(b)(3) establishes that the Department find ``increases 
(absolute or relative) of imports of articles like or directly 
competitive with articles produced by such workers' firm or an 
appropriate subdivision thereof . . . .''
    29 CFR 90.2 states ``Increased imports means that imports have 
increased either absolutely or relative to domestic production compared 
to a representative base period. The representative base period shall 
be one year consisting of the four quarters immediately preceding the 
date which is twelve months prior to the date of the petition.''
    In the case at hand, the petition date is February 4, 2014. 
Therefore, ``the twelve months prior'' date is February 4, 2013, and 
the ``representative base period'' is January 2012 through December 
2012. Consequently, imports during January 2013 through December 2013 
must have increased from January 2012 through December 2012 levels for 
the Department to determine that the regulatory definition of 
``increased imports'' is met.
    The Department's investigation, which included an inquiry of both 
subject firm and customer imports, did not reveal increased imports of 
articles like or directly competitive with those produced at the 
subject firm during 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. Based on these findings, the Department 
determines that 29 CFR 90.18(c) has not been met.

Conclusion

    After careful 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 28th day of April, 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-11642 Filed 5-20-14; 8:45 am]
BILLING CODE 4510-FN-P
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