[Federal Register Volume 72, Number 207 (Friday, October 26, 2007)]
[Notices]
[Pages 60911-60912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21187]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,983]


Molon Motor and Coil Corporation, El Paso, TX; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated September 17, 2007, the petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on September 7, 2007 and 
published in the Federal Register on September 21, 2007 (72 FR 54076).
    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 petition for the workers of Molon Motor and Coil Corporation, 
El Paso, Texas engaged in production of vacuum cleaner motors was 
denied because 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

[[Page 60912]]

survey of the workers' firm's declining customers. The investigation 
revealed that all vacuum cleaner motors produced by the subject firm 
were exported to Mexico and the subject firm had no domestic customers. 
The investigation further revealed that there was no shift in 
production from that firm to a foreign country nor did the subject firm 
import vacuum cleaner motors in 2005, 2006 and January through July 
2007.
    The petitioner attached a letter from the subject firm's customer 
indicating that this customer ``discontinued use of the Molon motors in 
favor of an Asian sourced motor'' and that this customer ``was the sole 
customer using the motors produced'' at the subject firm.
    The Department contacted the sole customer of the subject firm for 
further clarification. The customer confirmed that even though his firm 
is a U.S. based company, the production facility for which the vacuum 
cleaner motors were purchased is located in Mexico. The customer stated 
that all vacuum cleaner motors purchased from the subject firm were 
shipped directly to the Mexican facility and thus were exports. This 
facility in Mexico is now purchasing vacuum cleaner motors from Asia 
and there was no increase in imports of vacuum cleaner motors into the 
United States by this customer. Therefore, the loss of business at the 
subject firm is attributed to a loss in export sales.

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 in Washington, DC, this 19th day of October, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-21187 Filed 10-25-07; 8:45 am]
BILLING CODE 4510-FN-P