[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Notices]
[Page 14696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6193]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-72,355]


Flanders Tool Company, Inc., Flanders, NJ; Notice of Negative 
Determination on Reconsideration

    On January 4, 2010, the Department of Labor issued a Negative 
Determination Regarding Eligibility to apply for worker adjustment 
assistance for the workers and former workers of Flanders Tool Company, 
Flanders, New Jersey (the subject firm). The Department's Notice was 
published in the Federal Register on February 16, 2010 (75 FR 7039).
    By application dated February 12, 2010, the petitioner requested 
administrative reconsideration of the negative determination regarding 
workers' eligibility to apply for Trade Adjustment Assistance (TAA) 
applicable to workers and former workers of the subject firm. At the 
request of the petitioners, the Department conducted further 
investigation to determine if the workers meet the eligibility 
requirements of the Trade Act of 1974, as amended. Workers are engaged 
in employment related to the production of precision cutting tools and 
drills.
    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 negative determination was based on the findings that 
there was no increase in imports by the workers' firm or customers of 
articles like or directly competitive with precision cutting tools and 
drills, or a shift to/acquisition from a foreign country by the 
workers' firm in the production of articles like or directly 
competitive with precision cutting tools and drills, and that the 
workers' firm did not produce and supply directly component parts (or 
services) to a firm that both employed a worker group eligible to apply 
for TAA and directly used the component parts (or services) in the 
production of the article or in the supply of the service that was the 
basis for the TAA certification.
    The request for reconsideration stated that the subject firm 
supplies products to certified customers.
    Information obtained during the reconsideration investigation 
confirmed that the subject firm did not produce and supply directly 
component parts to a firm that both employed a worker group eligible to 
apply for TAA and directly used the component parts in the production 
of the article or in the supply of the service that was the basis for 
the TAA certification.
    While tools and capital equipment are used in the production of an 
article, they are not component parts.
    Information obtained during the reconsideration investigation 
confirmed that, during the relevant period, the major declining 
customers of the subject firm did not directly or indirectly import 
articles like or directly competitive with the precision cutting tools 
and drills produced by the subject firm.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Flanders Tool Company, Flanders, New 
Jersey.

    Signed in Washington, DC, on this 4th day of March 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-6193 Filed 3-16-11; 8:45 am]
BILLING CODE 4510-FN-P