[Federal Register Volume 75, Number 74 (Monday, April 19, 2010)]
[Notices]
[Page 20396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8874]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-71,634]


Yale Industrial Trucks-PGH, Inc. Monroeville, PA; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application received March 16, 2010, 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 the 
subject firm. The Department's Notice of determination was issued on 
March 3, 2010 and will soon be published in the Federal Register.
    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 negative determination of the TAA petition filed on behalf of 
workers at Yale Industrial Trucks-PGH, Inc., Monroeville, Pennsylvania, 
was based on the findings that: The subject firm had not shifted abroad 
forklift truck sales and maintenance services or imported forklift 
truck sales and maintenance services during the relevant period; the 
declining customers of the subject firm had not obtained truck sales 
and maintenance services from foreign firms during the relevant period; 
and the workers did not produce an article or supply a service that was 
used by a firm with TAA-certified workers in the production of an 
article or supply of a service that was the basis for TAA-
certification.
    The petitioner stated that the workers of the subject firm should 
be eligible for TAA because some of that firm's largest customers, who 
are TAA-certified, have cut back production in some plants and shut 
down production at other plants because of foreign steel imports and 
have consequently sent back a large number of the fork lift trucks 
leased and serviced by the subject firm. Moreover, the petitioner 
alleged that there were many fork lift truck companies selling foreign-
made fork lift trucks.
    The initial investigation revealed that the secondary certification 
that the petitioner is seeking is not possible because the subject firm 
provided tools and related services used in production but not 
component parts, as required by Section 222(d) of the Act, 19 U.S.C. 
2272(d).
    Furthermore, during the initial investigation the Department 
surveyed the subject firm's major declining customers regarding their 
purchases of forklift trucks and maintenance services during the 
relevant period. The survey revealed no imports of forklift trucks or 
related maintenance services.
    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 1st day of April, 2010.
Del Min Amy Chen,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-8874 Filed 4-16-10; 8:45 am]
BILLING CODE 4510-FN-P