[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Notices]
[Pages 3252-3253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-897]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-70,326]


Ford Motor Company, Dearborn Truck Plant, Dearborn, MI; Notice of 
Negative Determination on Reconsideration

    By application dated September 18, 2009, a 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 Ford Motor 
Company, Dearborn Truck Plant, Dearborn, Michigan. The Department's 
Notice of Affirmative Determination Regarding Application for 
Reconsideration was signed on September 29, 2009, and published in the 
Federal Register on October 20, 2009 (74 FR 53766).
    The investigation resulted in a negative determination based on the 
finding that workers' separations or threat of separations were not 
related to an increase in imports of like or directly competitive 
products with Ford F Series pickups and Lincoln Mark LR sports-utility 
pickups and there was no shift/acquisition of production of Ford F 
Series pickups and Lincoln Mark LR sports-utility pickups to/from a 
foreign country.
    The petitioners alleged that production at the subject facility was 
negatively impacted by increased imports of directly competitive 
products. The petition further states that ``any brand of new vehicle 
available for purchase'' should be considered like or directly 
competitive with the products manufactured by the subject firm, thus 
imports of all vehicles should be considered in the investigation.
    In order to establish import impact, the Department solicits 
relevant information from the subject firm, customers of the subject 
firm and analyzes available United States aggregate data regarding 
imports of articles, including articles like or directly competitive 
with the products manufactured by the subject firm for the relevant 
period (one year prior to the date of the petition). Like or directly 
competitive means that like articles are those which are substantially 
identical in inherent or intrinsic characteristics; and directly 
competitive articles are those which, although not substantial 
identical, are substantially equivalent for commercial purposes (i.e., 
adapted to the same uses and essentially interchangeable therefore).
    In case at hand, the like articles are specifically Ford F Series 
pickups and Lincoln Mark LT sports-utility pickups, while directly 
competitive products include other equivalent for commercial purposes 
vehicles, which are adapted to the same use and can be classified under 
the same category of vehicles. Therefore, any vehicles that can be 
categorized under the full-sized pickups and sport-utility pickups are 
considered to be directly competitive with the vehicles manufactured by 
the subject firm. The analysis of the data revealed that U.S. aggregate 
imports of full-sized pickups and sport utility pickups declined 
absolutely and relatively in comparison with sales of U.S.-manufactured 
full-sized pickups and sport utility pickups from 2007 to 2008 and from 
January through July 2009 over the corresponding 2008 period.
    To support the allegation, the petitioner attached several 
newspaper articles, alleging that Ford manufactures pickups in 
Australia, South Africa and Thailand and is increasing its production 
capacity of Fiesta in Mexico and Canada.
    The Department contacted company officials of Ford Motor Company to 
address the above allegations. The company officials stated that Ford 
does not produce like or directly competitive products with Ford F 
Series pickups and Lincoln Mark LT sports-utility pickups in Australia, 
South Africa and Thailand. The official also stated that vehicles 
manufactured in Canada are also not like or directly competitive with 
Ford F Series and Lincoln Mark LT pickups. Moreover, the official 
stated that Ford Motor Company does not manufacture pickups in Mexico 
and Canada. The company official confirmed that Ford Motor Company did 
not shift production of Ford F Series and Lincoln Mark LT pickups from 
Dearborn, Michigan abroad during the relevant period.
    The investigation revealed that the reduction in market share 
resulted in over-capacity at Ford facilities, and that the layoffs at 
the subject facility were not related to increased imports of like or 
directly competitive vehicles with Ford F Series and Lincoln Mark LT 
pickups and there was no shift of production of these vehicles abroad 
during the period under investigation.

[[Page 3253]]

    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 reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Ford Motor Company, Dearborn Truck 
Plant, Dearborn, Michigan.

    Signed at Washington, DC, this 8th day of January 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-897 Filed 1-19-10; 8:45 am]
BILLING CODE 4510-FN-P