[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Notices]
[Page 76699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21793]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-60,083]


QPM Aerospace, Inc. Portland, OR; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of November 1, 2006, a petitioner representative 
requested administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA). The 
denial notice was signed on September 29, 2006 and published in the 
Federal Register on October 16, 2006 (71 FR 60763).
    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 TAA petition, which was filed by a State agency representative 
on behalf of workers at QPM Aerospace, Inc., Portland, Oregon engaged 
in the production of aircraft precision machine parts, was denied based 
on the findings that during the relevant time periods, the subject 
company did not separate or threaten to separate a significant number 
or proportion of workers, as required by Section 222 of the Trade Act 
of 1974.
    In the request for reconsideration, the petitioner states that 
there were seven workers laid off from the subject firm during the 
relevant time period.
    For companies with a workforce of over fifty workers, a significant 
proportion of worker separations or threatened separations is five 
percent. Significant number or proportion of the workers in a firm or 
appropriate subdivision with a workforce of fewer than 50 workers is at 
least three workers. In determining whether there were a significant 
proportion of workers separated or threatened with separations at the 
subject company during the relevant time periods, the Department 
requested employment figures for the subject firm for 2004, 2005, 
January-August 2005 and January-August 2006. A careful review of the 
information provided in the initial investigation revealed that there 
were layoffs at the subject during the relevant time period, however, 
overall employment has increased during the relevant time period.
    A review of the initial investigation also revealed that the 
subject company sales and production increased from 2004 to 2005, and 
also increased during January through August of 2006 when compared with 
the same period in 2005, and that the subject company did not shift 
production abroad.
    As employment levels, sales and production at the subject facility 
did not decline in the relevant period, and the subject firm did not 
shift production to a foreign country, criteria (a)(2)(A)(I.A), 
(a)(2)(B)(II.A), (a)(2)(A)(I.B), and (a)(2)(B)(II.B) have 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 at Washington, DC, this 15th day of December, 2006.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment, Assistance.
 [FR Doc. E6-21793 Filed 12-20-06; 8:45 am]
BILLING CODE 4510-30-P