[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Notices]
[Pages 49535-49536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20034]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-73,840]


Lochmoor Chrysler Jeep; Detroit, MI; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated July 6, 2010, the petitioners 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 determination was signed on June 17, 2010. The Notice 
of determination was published in the Federal Register on July 1, 2010 
(75 FR 38142).
    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;

[[Page 49536]]

    (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 applicable to workers and former workers 
at Lochmoor Chrysler Jeep, Detroit, Michigan, was based on the findings 
that the subject firm did not, during the period under investigation, 
shift to a foreign country sales services like or directly competitive 
with the sales services supplied by the workers or acquire these 
services from a foreign country; that the workers' separation, or 
threat of separation, was not related to any increase in imports of 
like or directly competitive services; and that the workers did not 
supply a service that was directly used in the production of an article 
or the supply of service by a firm that employed a worker group that is 
eligible to apply for TAA based on the aforementioned article or 
service.
    In the request for reconsideration, the petitioner states that the 
``trend of Americans buying foreign cars has caused the fortunes of 
Chrysler to enter bankruptcy * * * causing the car sales companies like 
Lochmoor to lose there dealerships * * * foreign car sales lots have 
opened up in its place.''
    During the initial investigation, the Department obtained 
information from the subject firm that revealed that the sales services 
supplied by the workers were not shifted abroad by the subject firm or 
acquired from a foreign source.
    Production of automobiles is not directly competitive with the 
sales services provided by the workers. Further, the workers did not 
supply a service that was used by a firm with TAA-certified workers in 
the production of an article or supply of a service that was the basis 
for TAA-certification.
    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 4th day of August, 2010.
Del Min Amy Chen,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-20034 Filed 8-12-10; 8:45 am]
BILLING CODE 4510-FN-P