[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Pages 30113-30114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14765]


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DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-64,665; TA-W-64,665A]


Alcoa Howmet Castings, a Subsidiary of Alcoa, Incorporated, 
Thermatech Coatings and Titanium Ingot Division, Plant 4; 
Whitehall, MI; Alcoa Howmet Castings, a Subsidiary of Alcoa, 
Incorporated, Plant 5, Whitehall, MI; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated May 11, 2009, the United Automobile, Aerospace 
and Agricultural Implement Workers of America, Local 1243 (UAW) 
requested administrative reconsideration of the Department's Negative 
Determination regarding eligibility for workers and former workers of 
Alcoa Howmet Castings, a subsidiary of Alcoa, Inc., Thermatech Coatings 
and Titanium Ingot Division, Plant 4, Whitehall, Michigan, and 
Alcoa Howmet Castings, a subsidiary of Alcoa, Inc., Plant 5, 
Whitehall, Michigan, to apply for Trade Adjustment Assistance (TAA) and 
Alternative Trade Adjustment Assistance (ATAA). Workers at Plant 
4 produce environmental coatings and titanium ingots, and are 
separately identifiable by product; workers at Plant

[[Page 30114]]

5 produce titanium castings, pattern wax, casting crucibles, 
and HIP (hot isostatic pressing), and are not separately identifiable 
by product.
    The Department's determination was issued on April 24, 2009. The 
Department's Notice of Negative determination was published in the 
Federal Register on May 7, 2009 (74 FR 21407).
    The determination stated that, with regards to Plant 4, 
criterion (a)(2)(A)(I.B.) was not met because sales and production of 
environmental coatings increased during the relevant period; criterion 
(a)(2)(B) was not met because the subject firm's production of 
environmental coatings did not shift to a foreign country during the 
relevant period; criterion (a)(2)(A)(I.C.) was not met because 
increased imports of titanium ingot did not contribute importantly to 
the workers' separations and subject firm sales and/or production 
declines of titanium ingot; and criterion (a)(2)(B) was not met because 
the subject firm's production of titanium ingot did not shift to a 
foreign country during the relevant period.
    The determination stated that, with regards to Plant 5, 
criterion (a)(2)(A)(I.C.) was not met because increased imports of 
titanium castings, pattern wax, casting crucibles, or HIP processing 
did not contribute importantly to the workers' separations and subject 
firm sales and/or production declines of titanium castings, pattern 
wax, casting crucibles, or HIP processing and criterion (a)(2)(B) was 
not met because the subject firms' production of titanium castings, 
pattern wax, casting crucibles, or HIP processing did not shift to a 
foreign country during the relevant period.
    In the request for reconsideration, the UAW representative stated 
that ``sales will continue to decline * * * which supports 
(a)(2)(A)(I.B.) * * *''
    The UAW representative's allegation that (a)(2)(A)(I.B.) was met 
(sales and/or production declined during the relevant period) is 
relevant to Plant 4 but is not relevant to Plant 5 
because the Department determined that there were sales and/or 
production declines at Plant 5 during the relevant period. 
Therefore, the Department's review of the request for reconsideration 
is limited to sales and production of environmental coatings at Plant 
4.
    Pursuant to 29 CFR 90.18(c), administrative 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.
    After careful review of the request for reconsideration and 
previously submitted materials, the Department determines that there is 
no new information that supports a finding that Section 222 of the 
Trade Act of 1974 was satisfied and that no mistake or 
misinterpretation of the facts or of the law with regards to the number 
or proportion of workers separated from the subject firm during the 
relevant period.

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 12th day of June 2009.
 Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-14765 Filed 6-23-09; 8:45 am]
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