[Federal Register Volume 75, Number 91 (Wednesday, May 12, 2010)]
[Notices]
[Pages 26797-26798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11274]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-70,501]


Cummins Power Generation, Including On-Site Leased Workers of 
Adecco USA, Inc., Aerotek, Inc., the Bartech Group, Back Diamonds 
Networks, Entegee, Inc., DBA Midstates Technical, Manpower, Inc., 
Robert Half International, Summit Technical Services, Inc., and 
Universal Engineering Services, Inc. Fridley, MN; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated March 22, 2010, a representative of the State 
of Minnesota 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 February 
4, 2010, and published in the Federal Register on March 12, 2010 (75 FR 
11925).
    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 Cummins Power Generation, Fridley, Minnesota, was based on 
the finding that the subject firm did not import articles like or 
directly competitive with the generators and transfer switches produced 
at the subject firm during 2007, 2008 or during January through May 
2009, nor did it shift production of those articles abroad during the 
same period. The investigation also revealed that, during the relevant 
period, none of the major declining customers of the subject firm 
increased imports of articles like or directly competitive with 
generators and transfer switches produced at the subject firm while 
decreasing purchases from the subject firm. The investigation also 
revealed that the workers did not supply a component part that was used 
by a firm that employed a worker group currently eligible to apply for 
TAA.
    The request for reconsideration included documents intended to 
``illustrate how a former employee [of the subject firm] * * * was 
adversely affected by trade activities and lost her position.'' The 
``trade activities'' referred to are the subject firm's use of H1B 
visas.
    This argument errs in confusing the entry of foreign workers into 
the United States to produce articles at the subject firm with the 
importation of articles that are like or directly competitive with the 
articles produced by the subject firm. It is the importation of like or 
directly competitive articles (and not the entry of foreign workers to 
produce such articles) that can serve as the basis for a TAA 
certification.
    The petitioner did not supply facts not previously considered or 
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.


[[Page 26798]]


    Signed in Washington, DC, this 26th day of April, 2010.
Del Min Amy Chen,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-11274 Filed 5-11-10; 8:45 am]
BILLING CODE 4510-FN-P