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58896 Federal Register / Vol. 72, No.

200 / Wednesday, October 17, 2007 / Notices

Girardeau, Missouri location of the (1) If it appears on the basis of facts The fact that subject firm’s customers
subject firm and clarify the eligibility not previously considered that the are shifting their production abroad is
dates. determination complained of was not relevant to this investigation. The
The intent of the Department’s erroneous; shift in production must be
certification is to include all workers (2) If it appears that the determination administered by the subject firm in
employed at Dana Corporation, Torque- complained of was based on a mistake order for workers of the subject firm to
Traction Manufacturing, Inc., Cape in the determination of facts not be considered eligible for TAA.
Girardeau, Missouri who were adversely previously considered; or The petitioner further states that in
affected by a shift in production to (3) If in the opinion of the Certifying order to reveal the import impact, the
Mexico. Officer, a mis-interpretation of facts or Department should investigate the time
The amended notice applicable to of the law justified reconsideration of period prior to 2005. Furthermore, the
TA–W–61,707 is hereby issued as the decision. petitioner attached a list of declining
follows: The petition for the workers of Peres customers from 1988 to present.
Pattern Company, Erie, Pennsylvania When assessing eligibility for TAA,
All workers of Dana Corporation, Torque- engaged in production of custom molds
Traction Manufacturing, Inc., Cape the Department exclusively considers
(i.e. wood, metal and plastic patterns, import impact during the relevant time
Girardeau, Missouri, who became totally or
partially separated from employment on or blow molds, foam molds, rim molds, period (one year prior to the date of the
after July 30, 2007, through July 23, 2009, are vacuum molds and aluminum castings) petition). The customers of the subject
eligible to apply for adjustment assistance was denied because the ‘‘contributed firm were surveyed regarding their
under Section 223 of the Trade Act of 1974, importantly’’ group eligibility purchases of custom molds during the
and are also eligible to apply for alternative requirement of Section 222 of the Trade relevant time period. The survey
trade adjustment assistance under Section Act of 1974, as amended, was not met. revealed no imports of custom molds
246 of the Trade Act of 1974. and; The ‘‘contributed importantly’’ test is
All on-site leased workers of Diversco
during the relevant time period.
generally demonstrated through a
Integrated Services, Inc., and Haas Total survey of the workers’ firm’s declining Conclusion
Chemical Management, Inc. working at Dana
customers. The survey revealed no After review of the application and
Corporation, Torque-Traction Manufacturing,
Inc, Cape Girardeau, Missouri, who became imports of custom molds by declining investigative findings, I conclude that
totally or partially separated from customers during the relevant period. there has been no error or
employment on or after June 18, 2006, The subject firm did not import custom misinterpretation of the law or of the
through July 23, 2009, are eligible to apply molds nor shift production to a foreign facts which would justify
for adjustment assistance under Section 223 country during the relevant period. reconsideration of the Department of
of the Trade Act of 1974, and are also eligible The petitioner states that the affected Labor’s prior decision. Accordingly, the
to apply for alternative trade adjustment workers lost their jobs as a direct result application is denied.
assistance under Section 246 of the Trade Act of a loss of customers who used items
of 1974. manufactured by the subject firm as Signed in Washington, DC, this 11th day of
October, 2007.
Signed at Washington, DC this 5th day of ‘‘unfinished goods’’ and ‘‘tooling’’ for
October, 2007. further production of plastic goods. The Elliott S. Kushner,
Richard Church, petitioner alleges that customers of the Certifying Officer, Division of Trade
subject firm which manufacture plastic Adjustment Assistance.
Certifying Officer, Division of Trade
Adjustment Assistance. products decreased purchases of custom [FR Doc. E7–20402 Filed 10–16–07; 8:45 am]
[FR Doc. E7–20401 Filed 10–16–07; 8:45 am] molds from the subject firm because BILLING CODE 4510–FN–P

BILLING CODE 4510–FN–P they choose to shift their production


abroad. Therefore, the petitioner
concludes that because sales and DEPARTMENT OF LABOR
DEPARTMENT OF LABOR production of custom molds at the
Employment and Training
subject firm have been negatively
Employment and Training Administration
impacted by the customers shifting their
Administration production of plastic products abroad, Investigations Regarding Certifications
[TA–W–61,799]
workers of the subject firm should be of Eligibility To Apply for Worker
eligible for TAA. Adjustment Assistance and Alternative
Peres Pattern Company, Erie, PA; In order to establish import impact, Trade Adjustment Assistance
Notice of Negative Determination the Department must consider imports
Regarding Application for that are like or directly competitive with Petitions have been filed with the
Reconsideration those produced at the subject firm. The Secretary of Labor under Section 221(a)
Department conducted a survey of the of the Trade Act of 1974 (‘‘the Act’’) and
By application postmarked September subject firm’s major declining customer are identified in the Appendix to this
26, 2007, a company official requested regarding their purchases of custom notice. Upon receipt of these petitions,
administrative reconsideration of the molds during 2005, 2006 and January the Director of the Division of Trade
Department’s negative determination through June 2007 over the Adjustment Assistance, Employment
regarding eligibility to apply for Trade corresponding 2006 period. The survey and Training Administration, has
Adjustment Assistance (TAA), revealed that the declining customers instituted investigations pursuant to
applicable to workers and former did not import custom molds during the Section 221(a) of the Act.
workers of the subject firm. The denial relevant period. The purpose of each of the
notice was signed on August 15, 2007 Imports of plastic products cannot be investigations is to determine whether
sroberts on PROD1PC70 with NOTICES

and published in the Federal Register considered like or directly competitive the workers are eligible to apply for
on August 30, 2007 (72 FR 50126). with custom molds produced by Peres adjustment assistance under Title II,
Pursuant to 29 CFR 90.18(c) Pattern Company, Erie, Pennsylvania Chapter 2, of the Act. The investigations
reconsideration may be granted under and imports of plastic products are not will further relate, as appropriate, to the
the following circumstances: relevant in this investigation. determination of the date on which total

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