[Federal Register Volume 75, Number 20 (Monday, February 1, 2010)]
[Notices]
[Pages 5151-5152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1889]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-71,174]


General Electric Company Transportation Division; Erie, PA; 
Notice of Negative Determination on Reconsideration

    By application dated October 28, 2009, the petitioners 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 General 
Electric Company, Transportation Division, Erie, Pennsylvania. The 
Department's Notice of Affirmative Determination Regarding Application 
for Reconsideration was signed on November 16, 2009, and published in 
the Federal Register on December 8, 2009 (74 FR 64712).

[[Page 5152]]

    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 or shift/acquisition of production of 
locomotives, locomotive parts, marine and stationary engines, and 
various propulsion systems to/from a foreign country. The subject firm 
did not import locomotives, locomotive parts, marine and stationary 
engines, and various propulsion systems and did not shift production of 
these articles abroad.
    In the request for reconsideration the petitioner alleged that 
General Electric operates facilities in Brazil, China and Kazakhstan, 
and that General Electric has been shifting production and ``employment 
levels'' from the subject firm offshore ``in order to produce 
locomotives in country for specific customers.''
    The Department contacted an official of General Electric to address 
the above allegations. The company official confirmed that General 
Electric has several manufacturing facilities abroad, which were 
established to supply new markets of those countries because of the 
localization requirements as well as to satisfy the demand of new 
markets. The company official further stated that there was no shift in 
production from the Erie facility to any foreign country during the 
relevant period. The official also confirmed that the layoffs at the 
subject firm were due to volume reductions in the U.S. market and that 
there was no employment increase at General Electric foreign facilities 
during the relevant period.
    To support their allegations, the petitioners attached several 
newspaper articles citing company's expansion plans into the emerging 
markets. The articles do not imply that General Electric is planning or 
is in process of shifting production from the Erie, Pennsylvania 
facility abroad. Rather the articles confirm the statements made by the 
company official and describe the growth of General Electric on a 
global scale, its ability to sustain competition via advanced 
technology and innovation, and outline company's successful penetration 
into the new markets through joint ventures.
    The petitioners further alleged that General Electric imports like 
or directly competitive articles into the United States.
    According to the data collected from General Electric during the 
initial investigation, the subject firm did report imports of 
locomotives and like or directly competitive articles with products 
manufactured at the subject firm. However, the data analysis 
illustrates that imports have decreased during the period under 
investigation.
    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 General Electric Company, 
Transportation Division, Erie, Pennsylvania.

    Signed at Washington, DC, this 22nd day of January 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-1889 Filed 1-29-10; 8:45 am]
BILLING CODE 4510-FN-P