[Federal Register Volume 75, Number 182 (Tuesday, September 21, 2010)]
[Notices]
[Pages 57519-57520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23502]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-72,673]


Weather Shield Manufacturing, Medford, WI; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated August 12, 2010, the petitioners 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 Weather 
Shield Manufacturing, Inc., Medford, Wisconsin (subject firm). The 
negative determination was signed on July 16, 2010. The Notice of 
determination was published in the Federal Register on August 2, 2010 
(75 FR 45163). The petitioning worker group provides administrative 
support services related to the production of doors and windows at 
various Weather Shield Manufacturing, Inc. facilities.
    Workers at Weather Shield Manufacturing, Inc., Medford, Wisconsin, 
who became totally or partially separated from employment on or after 
December 17, 2007 through August 9, 2012, are eligible to apply for TAA 
and alternative trade adjustment assistance under TA-W-64,725.
    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 negative determination applicable to workers and former workers 
at the subject firm was based on the findings that the subject firm did 
not, during the period under investigation, shift to a foreign country 
services like or directly competitive with those supplied by the 
workers or

[[Page 57520]]

acquire these services from a foreign country; that the workers' 
separation, or threat of separation, was not related to any increase in 
imports of like or directly competitive services; and that the workers 
did not supply a service that was directly used in the production of an 
article or the supply of service by a firm that employed a worker group 
that is eligible to apply for TAA based on the aforementioned article 
or service.
    Additionally, the Department surveyed the subject firm's major 
declining customers regarding their purchases of doors and/or windows. 
The customer survey revealed that customer imports of articles like or 
directly competitive with those produced by the subject firm declined 
in the relevant time period, both in absolute terms and relative to the 
purchases of such articles from the subject firm.
    In the request for reconsideration, the petitioner states that 
``Case number TA-W-72,673 is the same company and division as petition 
TA-64,725--Weather Shield Employees.''
    The petition date of TA-W-64,725 is December 17, 2008. The petition 
date of TA-W-72,673 is October 23, 2009. Because the investigation 
periods in the two cases are different, the findings in TA-W-64,725 
cannot be used as the basis for a certification of TA-W-72,673.
    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 10th day of September, 2010.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2010-23502 Filed 9-20-10; 8:45 am]
BILLING CODE 4510-FN-P