Federal Register / Vol. 75, No. 30 / Tuesday, February 16, 2010 / Notices 7045 

Signed in Washington, DC, this 28th day of 

January 2010. 

Del Min Amy Chen, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. 2010–3013 Filed 2–12–10; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–71,701] 

Key Gas Components, Inc., Marion, 

NC; Notice of Negative Determination 

Regarding Application for 

Reconsideration 

By application dated January 8, 2010, 

a petitioner 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 

December 31, 2009 and will soon be 

published in the Federal Register. 

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 Key Gas Components, Inc., Marion, 

North Carolina was based on the finding 

that imports of valves and manifolds did 

not contribute importantly to worker 

separations at the subject firm and there 

was no shift in production from the 

subject firm to a foreign country during 

the period under investigation. 

The petitioner stated that the workers 

of the subject firm should be eligible for 

TAA because the worker separations 

were directly caused by the imports of 

articles like or directly competitive with 

articles manufactured by workers of the 

subject firm. Moreover, the petitioner 

alleged that Key Gas Components 

imports these articles. 

The initial investigation did, in fact, 

reveal imports of like or directly 

competitive products with valves and 

manifolds manufactured by workers of 

the subject firm. However, the data 

analysis revealed that imports of valves 

and manifolds declined relatively and 

absolutely to the subject firm’s sales and 

production from 2007 to 2008 and 

further declined during January through 

June, 2009 over the corresponding 2008 

period. 

Furthermore, the Department 

surveyed subject firm’s major declining 

customers regarding their purchases of 

valves and manifolds during the 

relevant period. The survey revealed no 

imports of valves and manifolds. 

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 2nd day of 

February, 2010. 

Del Min Amy Chen, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. 2010–3017 Filed 2–12–10; 8:45 am] 

BILLING CODE 4510–FN–P 


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