[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Notices]
[Page 52582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14730]



[[Page 52582]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-59,552]


Admiral Foundry, Formerly The Admiral Machine Company, Wadsworth, 
OH; Notice of Negative Determination on Reconsideration

    On August 9, 2006, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The Department's Notice of 
determination was published in the Federal Register on August 16, 2006 
(71 FR 47249).
    The initial investigation revealed that, during the relevant 
period, the subject firm neither shifted production abroad nor imported 
cast aluminum tire molds from a foreign country. The investigation also 
revealed that the ``contributed importantly'' group eligibility 
requirement of Section 222 of the Trade Act of 1974, as amended, was 
not met. The ``contributed importantly'' test is generally demonstrated 
through a survey of customers of the subject workers' firm. The survey 
revealed that none of the respondents increased their imports of cast 
aluminum tire molds during the relevant period.
    In the request for reconsideration, the International Union, United 
Automobile, Aerospace & Agricultural Implement Workers of America, 
Region 2-B (the Union) stated that the subject firm produced both molds 
and casts used on the tire industry and inferred that the scope of the 
initial investigation was too limited because it only addressed cast 
aluminum tire molds.
    During the reconsideration investigation, the Department sought 
clarification from the subject firm regarding the article(s) produced 
at the Wadsworth, Ohio facility during the relevant period. The company 
official stated that the Wadsworth, Ohio facility produced aluminum 
tread castings (a component part for tire molds) and did not produce 
complete tire molds.
    On reconsideration, the Department also investigated whether the 
subject workers are eligible to apply for Trade Adjustment Assistance 
(TAA) as workers of a secondarily-affected firm (supplied component 
parts for articles produced by a firm with a currently TAA-certified 
worker group).
    For certification on the basis of the workers' firm being a 
secondary upstream supplier, the subject firm must have customers with 
a worker group that is currently TAA-certified, and the subject firm 
must produce a component part of the product that was the basis for the 
customers' certification. In addition, either the TAA-certified 
customer must represent at least twenty percent of the subject firm's 
business or a loss of business with the TAA-certified customer 
contributed importantly to the subject workers' separation at the 
subject firm.
    During the reconsideration investigation, the Department determined 
that none of the subject firm's declining customers are currently 
certified for TAA based on increased imports of tire molds. Thus the 
subject firm workers are not eligible under secondary impact.
    In order for the Department to issue a certification of eligibility 
to apply for Alternative Trade Adjustment Assistance (ATAA), the 
subject worker group must be certified eligible to apply for TAA. Since 
the workers are denied eligibility to apply for TAA, the workers cannot 
be certified eligible for ATAA.

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 at Washington, DC, this 28th day of August 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-14730 Filed 9-5-06; 8:45 am]
BILLING CODE 4510-30-P