[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Notices]
[Page 51842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17886]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,833]


Chapin Watermatics Incorporated, a Subsidiary of Jain Americas 
Incorporated, Watertown, NY; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application of August 20, 2007, a petitioner 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 July 30, 2007 and published in the Federal 
Register on August 14, 2007 (72 FR 45451).
    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 TAA petition, which was filed on behalf of workers at Chapin 
Watermatics Inc. a subsidiary of Jain Americas Inc., Watertown, New 
York engaged in the production of irrigation systems, such as drip 
irrigation tape, was denied based on the findings that during the 
relevant time period, 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 five 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 separation 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 period, the Department 
requested employment figures for the subject firm for 2005, 2006, and 
January through August, 2007. A careful review of the information 
provided in the initial investigation revealed that five workers were 
laid off from the administrative office at the subject firm during the 
relevant time period. However, overall employment at the subject firm 
has increased from 2005 to 2006 and from January through August, 2007 
when compared with the same period in 2006.
    Furthermore, a review of the initial investigation also revealed 
that the subject company sales and production of drip irrigation tape 
increased from 2005 to 2006, and also increased during January through 
June of 2007 when compared with the same period in 2006, 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 5th day of September, 2007
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E7-17886 Filed 9-10-07; 8:45 am]
BILLING CODE 4510-FN-P