[Federal Register Volume 72, Number 72 (Monday, April 16, 2007)]
[Notices]
[Page 19025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7099]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-60,115]


Modine Manufacturing, Blythewood, SC; Notice of Revised 
Determination on Reconsideration

    On November 16, 2006, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Modine Manufacturing, Blythewood, South Carolina 
(the subject firm). The Department's Notice of affirmative 
determination was published in the Federal Register on November 24, 
2006 (71 FR 67918).
    The worker-filed petition, dated September 19, 2006, stated that 
the subject firm produces automotive transmission oil coolers, that the 
subject firm will close in April 2007, and that subject firm production 
is shifting abroad (to Mexico).
    The denial of the workers' eligibility to apply for Trade 
Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance 
(ATAA) was based on the Department's findings that there was no decline 
in sales or production in January through August 2006 compared to the 
same period in 2005, the subject firm did not import, and the subject 
firm did not shift production abroad during the relevant period. The 
determination was issued on October 12, 2006 and the Notice of 
determination was published in the Federal Register on October 25, 2006 
(71 FR 62490).
    Based on the July 20, 2006 WARN notice provided during the 
reconsideration (``It is anticipated that the plant closing will 
commence on September 15, 2006 and will continue into 2007''), the 
Department determines that, during the relevant period, there were 
significant sales, production, and employment declines at the subject 
firm.
    On reconsideration, the Department received information that 
revealed no increased import purchases of automotive transmission oil 
coolers or articles like or directly competitive with automotive 
transmission oil coolers by either the subject firm or the subject 
firm's major declining customers. As such, the Department determines 
that increased imports did not contribute importantly to the subject 
workers' separations.
    During the reconsideration investigation, the Department also 
confirmed with company officials that production shifted from the 
subject firm to an affiliated facility in Illinois.
    When it became apparent during the reconsideration investigation 
that the subject workers are not eligible to apply for TAA as primary 
workers, the Department conducted an investigation to determine whether 
the workers are eligible as secondary workers (workers of a company 
that supplied component parts to a customer that employed a group of 
workers certified for TAA).
    As the reconsideration investigation progressed, the Department was 
able to identify a subject firm customer that employed a group of 
workers who received a TAA certification and determined that the 
component parts supplied by the subject firm are related to the article 
that was the basis for the certification. Further, the new information 
revealed that the TAA-certified customer constituted over 20% of 
subject firm sales prior to the plant closure in September 2006.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department herein presents the results of its 
investigation regarding certification of eligibility to apply for ATAA. 
The Department has determined in this case that the group eligibility 
requirements of Section 246 have been met.
    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 information obtained in the 
reconsideration investigation, I determine that workers of Modine 
Manufacturing, Blythewood, South Carolina qualify as adversely affected 
secondary workers under Section 222 of the Trade Act of 1974, as 
amended. In accordance with the provisions of the Act, I make the 
following certification:

    ``All workers of Modine Manufacturing, Blythewood, South 
Carolina, who became totally or partially separated from employment 
on or after September 19, 2005 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.''

    Signed at Washington, DC, this 6th day of April 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-7099 Filed 4-13-07; 8:45 am]
BILLING CODE 4510-FN-P