[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Notices]
[Pages 24752-24753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10524]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-72,151]


UPF, Inc. Flint, MI; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application dated April 7, 2010, the United Auto Workers, Local 
599 (``Union''), 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 March 10, 
2010, 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 UPF, Inc., Flint, Michigan, was based on the following 
findings: There was no increase in imports by the workers' firm or the 
customer of the subject firm of articles like or directly competitive 
with

[[Page 24753]]

the truck chassis produced by the laid-off workers; there was no shift 
or acquisition by the workers' firm of articles like or directly 
competitive with the truck chassis produced by the laid-off workers; 
neither the workers' firm nor the customer of the subject firm imported 
articles like or directly competitive with articles into which the 
commercial truck chassis produced by the workers' firm was directly 
incorporated; and the workers did not produce an article that was used 
by a firm with TAA-certified workers in the production of an article 
that was the basis for the TAA-certification.
    In the request for reconsideration, the Union representative stated 
that the workers of the subject firm should be eligible for TAA 
because:

    General Motors, in 2008-2009, discontinued their commercial 
truck program * * * UPF was a supplier of truck chassis for the 
Chevrolet and GM commercial truck program. During General Motors 
bankruptcy, they decided to bring another truck to the Flint Truck 
Assembly Plant, the Chevrolet/GMC 900 half-ton extended cab pick-up. 
GM by-passed UPF for consideration for the truck frame for the 900 
half-ton extended cab pick-up. GM went right Magna Cosma 
International in St. Thomas, Ontario, Canada.

    The initial investigation had, in fact, already revealed that the 
General Motors Flint Truck Plant had discontinued the 560 line of 
commercial trucks for which the subject firm had been producing truck 
chassis, and that the Flint Truck Plant is now importing chassis for 
the 900 series residential trucks from an offshore producer. However, 
the chassis for the 900 line of residential trucks that are being 
imported are neither like nor directly competitive with the chassis 
formerly manufactured by the subject firm for the 560 line of 
commercial trucks.
    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 23rd day of April, 2010.
 Del Min Amy Chen,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-10524 Filed 5-4-10; 8:45 am]
BILLING CODE 4510-FN-P