[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Pages 30112-30113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14764]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,647]


Trane US, Inc., Residential Systems Division, Including On-Site 
Leased Workers From Remedy Intelligent Staffing, Tyler, TX; 
Determination Regarding Eligibility To Apply for Worker Adjustment 
Assistance and Alternative Trade Adjustment Assistance

    On May 1, 2009, the Department issued an Affirmative Determination 
Regarding Application for Reconsideration applicable to workers and 
former workers of the subject firm. The notice was published in the 
Federal Register on May 18, 2009 (74 FR 23216).
    The previous investigation initiated on December 11, 2008, resulted 
in a negative determination issued on February 13, 2009, was based on 
the finding that imports of air conditioning units did not contribute 
importantly to worker separations at the subject firm and no shift of 
production to a foreign source occurred. The denial notice was 
published in the Federal Register on March 3, 2009 (74 FR 9279).
    To support the request for reconsideration, the petitioner supplied 
additional information and alleged that the workers of the subject firm 
also manufactured components for air conditioning units and that the 
subject firm shifted production of these components to Mexico during 
the relevant period.
    The Department contacted a company official of the subject firm to 
address this allegation. Upon further investigation, it was revealed 
that the workers of the subject firm did manufacture one- and two-
cylinder reciprocating compressors and crankshafts during the relevant 
period. These workers were separately identifiable from other workers 
at the subject firm. The investigation also revealed that the subject 
firm shifted production of one- and two-cylinder reciprocating 
compressors and crankshafts to Mexico impacting workers engaged in the 
production of one- and two-cycle reciprocating compressors and 
crankshafts during the relevant period.
    The petitioner also alleged that the subject firm is transferring 
the wiring department to Mexico in 2009.
    The company official of the subject firm confirmed that Trane US, 
Inc. is considering a transfer of the wiring department to Mexico and 
that this transfer is currently in the planning process.
    When assessing eligibility for TAA, the Department exclusively 
considers shifts in production which occur during the relevant time 
period (one year prior to the date of the petition). Events occurring 
in the future are outside of the relevant period and thus cannot be 
considered in this investigation.
    Should conditions change in the future, the petitioner is 
encouraged to file a new petition on behalf of the worker group which 
will encompass an investigative period that will include these changing 
conditions.
    The petitioner further alleged that the subject firm shifted 
production of gear drive centrifugal water chillers to China.
    The company official stated that the workers of the subject firm 
did not manufacture gear drive centrifugal water chillers during the 
relevant period.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department of Labor herein presents the results 
of its investigation regarding certification of eligibility to apply 
for alternative trade adjustment assistance (ATAA) for older workers.

[[Page 30113]]

    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the group eligibility requirements of Section 246 of 
the Trade Act must be met. The Department has determined in this case 
that the requirements of Section 246 have been met for the workers 
engaged in production of one- and two-cylinder reciprocating 
compressors.
    A significant number of workers at the firm are age 50 or over and 
possess skills that are not easily transferable. Competitive conditions 
within the industry are adverse.

Conclusion

    After careful review of the facts obtained in the investigation, I 
determine that there was a shift in production of one- and two-cylinder 
reciprocating compressors and crankshafts from the workers' firm or 
subdivision to Mexico. In accordance with the provisions of the Act, I 
make the following certification:

''Workers of Trane US, Inc., Residential Systems Division, including 
on-site leased workers from Remedy Intelligent Staffing, Tyler, 
Texas, engaged in production of one- and two-cylinder reciprocating 
compressors and crankshafts, who became totally or partially 
separated from employment on or after December 10, 2007, through two 
years from the date of this certification, are eligible to apply for 
adjustment assistance under Section 223 of the Trade Act of 1974, 
and are eligible to apply for alternative trade adjustment 
assistance under Section 246 of the Trade Act of 1974.''

    I also determine that workers of Trane US, Inc., Residential 
Systems Division, Tyler, Texas, excluding workers engaged in production 
of one- and two-cylinder reciprocating compressors and crankshafts, are 
denied eligibility to apply for adjustment assistance under Section 223 
of the Trade Act of 1974 and alternative trade adjustment assistance 
under Section 246 of the Trade Act of 1974.

    Signed in Washington, DC this 18th day of June 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-14764 Filed 6-23-09; 8:45 am]
BILLING CODE 4510-FN-P