[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Notices]
[Pages 14104-14105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5931]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-73,301]


Shieldalloy Metallurgical Corporation, a Subsidiary of AMG; 
Newfield, NJ; Notice of Negative Determination on Reconsideration

    On October 7, 2010, the Department of Labor (Department) issued an 
Affirmative Determination Regarding Application for Reconsideration for 
the workers and former workers of Shieldalloy Metallurgical 
Corporation, a subsidiary of AMG, Newfield, New Jersey (subject firm). 
The Department's Notice was published in the Federal Register on 
October 25, 2010 (75 FR 65515).
    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 petition states that the workers' separations occurred between 
October 2009 and February 2010 and described the service supplied as 
``aluminum

[[Page 14105]]

products (shipped/received) shipping, receiving, customer service.'' 
The petition also states that ``production, shipping/receiving, 
customer service, is being done at a facility in UK.'' In an attachment 
to the petition, the petitioners stated that ``(since 2006) the company 
has had to shift production * * * the (grinding) department suffered 
from cheaper imports * * * has shut down permanently . * * *''
    The initial investigation resulted in a negative determination 
based on the finding that a shift of production by the subject firm to 
Canada in 2006 did not contribute importantly to workers' separations 
because, during the period of the investigation, the subject firm did 
not produce an article. Rather, the subject firm supplied storage 
services for other subsidiaries of AMG (the parent company) and those 
storage services were shifted to an affiliate domestic facility. 
Further, the subject firm did not, during the relevant period, 
increased imports of services like or directly competitive with the 
storage services supplied by the workers. In addition, the subject firm 
did not supply services to a firm that both employed a worker group 
that employed a worker group eligible to apply for Trade Adjustment 
Assistance (TAA) and used the services supplied by the subject firm in 
the production of an article or the supply of the service that was the 
basis for the TAA certification.
    In the request for reconsideration, a former worker of the subject 
firm reiterated that the subject firm shifted operations to various 
facilities throughout the United States, as well as Canada, Brazil, 
England, and Mexico.
    Information obtained during the reconsideration investigation 
confirmed that, during the relevant period, workers at the subject firm 
were engaged in activities related to the supply of storage and 
shipment services, which consist of receiving finished products from 
related companies and shipping these products to customers. Information 
obtained during the reconsideration investigation also confirmed that, 
during the relevant period, the workers' firm neither shifted to a 
foreign country the supply of services like or directly competitive 
with the services supplied by the subject workers, nor acquired from a 
foreign country services like or directly competitive with those 
supplied by the subject workers.

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 Shieldalloy Metallurgical 
Corporation, a subsidiary of AMG, Newfield, New Jersey.

    Signed in Washington, DC, on this 16th day of February 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-5931 Filed 3-14-11; 8:45 am]
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