[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Notices]
[Page 24753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10519]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-72,471]


The Walker Auto Group, Inc., Miamisburg, OH; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated March 4, 2010, a representative of the State 
of Ohio 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 negative determination was signed on January 
8, 2010. The Department's Notice of determination was published in the 
Federal Register on February 16, 2010 (75 FR 7039).
    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 The Walker Auto Group, Inc., Miamisburg, Ohio, was based on 
the finding that the subject firm did not shift abroad the supply of 
automotive sales or services or increase imports of automotive sales 
services during the relevant period, and that 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.
    In the request for reconsideration, the petitioner stated that the 
workers of the subject firm should be eligible for TAA because the 
Walker Auto Group, Inc., Miamisburg, Ohio, supplies a service (sales 
and service of Pontiac automobiles)'' and ``A required minimum of the 
workforce has been laid off in the 12 months preceding the date of the 
petition or is threatened with layoffs * * *'' and increased imports of 
articles or services contributed importantly to an actual decline in 
sales or production of like or directly competitive articles or 
services at the workers' firm and to the workers' layoff or threat of a 
layoff.'' The petitioner further states that the ``well-documented * * 
* import of foreign-made automobiles has increased continually for 
years, contributing importantly to an actual decline in sales and 
production of Pontiac cars. * * * The service The Walker Auto Group, 
Inc. provided was based on the continued production of Pontiac 
automobiles, therefore the increases of imported cars contributed 
importantly to the workers' layoff and, for those who remain, the 
threat of layoff at the end of 2010.''
    The initial investigation revealed that the subject firm did not 
shift abroad the supply of automotive sales or services or increase 
imports of automotive sales services during the relevant period.
    No survey of the subject firm's major declining customers regarding 
their purchases of imported automotive sales or services was done 
because the subject firm sells retail to individual customers, and 
there is no major purchaser.
    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 23rd day of April, 2010.
Del Min Amy Chen,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-10519 Filed 5-4-10; 8:45 am]
BILLING CODE 4510-FN-P