[Federal Register: September 11, 2007 (Volume 72, Number 175)]
[Notices]
[Page 51842]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se07-94]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-61,833]
Chapin Watermatics Incorporated, a Subsidiary of Jain Americas
Incorporated, Watertown, NY; Notice of Negative Determination Regarding
Application for Reconsideration
By application of August 20, 2007, a petitioner 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). The
denial notice was signed on July 30, 2007 and published in the Federal
Register on August 14, 2007 (72 FR 45451).
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 TAA petition, which was filed on behalf of workers at Chapin
Watermatics Inc. a subsidiary of Jain Americas Inc., Watertown, New
York engaged in the production of irrigation systems, such as drip
irrigation tape, was denied based on the findings that during the
relevant time period, the subject company did not separate or threaten
to separate a significant number or proportion of workers, as required
by Section 222 of the Trade Act of 1974.
In the request for reconsideration, the petitioner states that
there were five workers laid off from the subject firm during the
relevant time period.
For companies with a workforce of over fifty workers, a significant
proportion of worker separations or threatened separation is five
percent. Significant number or proportion of the workers in a firm or
appropriate subdivision with a workforce of fewer than 50 workers is at
least three workers. In determining whether there were a significant
proportion of workers separated or threatened with separations at the
subject company during the relevant time period, the Department
requested employment figures for the subject firm for 2005, 2006, and
January through August, 2007. A careful review of the information
provided in the initial investigation revealed that five workers were
laid off from the administrative office at the subject firm during the
relevant time period. However, overall employment at the subject firm
has increased from 2005 to 2006 and from January through August, 2007
when compared with the same period in 2006.
Furthermore, a review of the initial investigation also revealed
that the subject company sales and production of drip irrigation tape
increased from 2005 to 2006, and also increased during January through
June of 2007 when compared with the same period in 2006, and that the
subject company did not shift production abroad.
As employment levels, sales and production at the subject facility
did not decline in the relevant period, and the subject firm did not
shift production to a foreign country, criteria (a)(2)(A)(I.A),
(a)(2)(B)(II.A), (a)(2)(A)(I.B), and (a)(2)(B)(II.B) have 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 5th day of September, 2007
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-17886 Filed 9-10-07; 8:45 am]
BILLING CODE 4510-FN-P