[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Notices]
[Page 34044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16630]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,433]


American Racing Equipment, LLC, Denver, CO; Notice of Negative 
Determination on Reconsideration

    On May 11, 2009, the Department issued an Affirmative Determination 
Regarding Application for Reconsideration for the workers and former 
workers of the subject firm. The notice was published in the Federal 
Register on June 16, 2009 (74 FR 28552).
    The initial investigation resulted in a negative determination 
based on the finding that imports of two-piece automotive wheels did 
not contribute importantly to worker separations at the subject firm 
and no shift of production to a foreign source occurred.
    In the request for reconsideration, the petitioner alleged that the 
workers of the subject firm also supported production of cast, one 
piece wheels. The petitioner alleged that the subject firm shifted 
production of the cast, one piece wheels abroad and that there was an 
increase in imports of the cast, one piece wheels.
    The Department of Labor contacted a company official to verify this 
information. The company official stated that the workers of the 
subject firm distributed the cast, one piece wheels which were mostly 
manufactured in China. The company official also stated that the 
subject firm ceased production of the cast, one piece wheels long 
before 2008 and that no cast, one piece wheels were manufactured by 
American Racing Equipment, LLC during the relevant period.
    When assessing eligibility for Trade Adjustment Assistance, the 
Department exclusively considers production, shifts in production and 
import impact during the relevant time period (one year prior to the 
date of the petition). Therefore, events occurring prior to February 
26, 2008, are outside of the relevant period and are not relevant in 
this investigation. The investigation revealed that workers of the 
subject firm did not manufacture the cast, one piece wheels and did not 
support production of the cast, one piece wheels at any affiliated 
domestic facility during the relevant period.
    To support the allegation of a shift in production to China the 
petitioner attached an e-mail correspondence from an American Racing 
Equipment, LLC employee dated March 13, 2008.
    Upon further analysis it was revealed that the document contains a 
review of the subject firm's sales for the month of February 2008. The 
letter also refers to the negative impact of bad winter conditions in 
China to the Chinese production which was the reason of reduced sales 
at the subject firm in February 2008.
    The investigation revealed that the above mentioned document does 
not contain any information which supports the petitioner allegation 
regarding production of the cast, one piece wheels by workers of the 
subject firm or a shift in production of the cast, one piece wheels 
during the relevant period.
    The petitioner also attached a letter dated June 29, 2007 signed by 
a company official.
    Documents referring to the events which took place in 2007 are 
outside of the relevant time period and cannot be considered in this 
investigation.
    The petitioner also attached a spreadsheet named ``Salesperson Pace 
Report--Daily Needs''. The Department reviewed the document and 
determined that it does not contain any additional valid information as 
it relates to this determination.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of American Racing Equipment, LLC, 
Denver, Colorado.

    Signed at Washington, DC, this 26th day of June 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-16630 Filed 7-13-09; 8:45 am]
BILLING CODE 4510-FN-P