[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Pages 65800-65801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29500]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-70,466]


DMAX, LTD, LLC; A Joint Venture Between General Motors and Isuzu 
Dayton, OH; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated November 6, 2009, International Union of 
Electronic, Electrical, Salaried, Machine and Furniture Workers--
Communications Workers of America (IUE-CWA), Local 755 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 October 29, 2009 and will 
soon be published in the Federal Register.

[[Page 65801]]

    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 initial investigation resulted in a negative determination, 
based on the finding that imports of light duty diesel engines did not 
contribute to worker separations at the subject facility and there was 
no shift in production from the subject firm to foreign country during 
the period under investigation.
    The petitioner stated that General Motors is ``getting out of the 
light truck business'' and that the workers of the subject firm should 
be eligible for TAA due to the changes in the program.
    The investigation revealed that workers of DMAX Ltd., LLC, Dayton, 
Ohio produced light duty diesel engines. The investigation also 
revealed that worker separations at the subject facility were not 
caused by increased imports of light duty diesel engines into the 
United States nor by a shift in production of light duty diesel engines 
from the subject facility to a foreign country. DMAX, Ltd, LLC did not 
import light duty diesel engines and did not shift production abroad. 
The Department surveyed subject firm's major customer regarding its 
purchases of light duty diesel engines in 2007, 2008, January through 
May 2008 and January through May 2009. The survey revealed no imports 
during the relevant period.
    The petitioner did not supply facts not previously considered; nor 
provide additional documentation indicating that there was either (1) a 
mistake in the determination of facts not previously considered or (2) 
a misinterpretation of facts or of the law justifying reconsideration 
of the initial determination.
    After careful review of the request for reconsideration, the 
Department determines that 29 CFR 90.18(c) has 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 in Washington, DC, this 2nd day of December, 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-29500 Filed 12-10-09; 8:45 am]
BILLING CODE 4510-FN-P