[Federal Register Volume 75, Number 142 (Monday, July 26, 2010)]
[Notices]
[Pages 43562-43563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18184]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-70,749]


FANUC Robotics America, Inc., Including On-Site Leased Workers 
From Right Angle Staffing, Inc., Quanta, Inc., Reliance One, Inc., 
Populus Group, LLC, Citistaff, Global Automation Technologies, LLC, and 
Proflow Systems Rochester Hills, MI; Notice of Negative Determination 
on Reconsideration

    On June 21, 2010, the Department of Labor issued a Notice of 
Affirmative Determination Regarding Application for Reconsideration 
applicable to workers and former workers of the subject firm. The 
Department's Notice of determination was published in the Federal 
Register on July 1, 2010 (75 FR 38125).
    The initial investigation resulted in a negative determination 
which was based on the finding that, during the relevant period, Fanuc 
Robotics America neither imported articles like or directly competitive 
with the robotic systems produced at the subject firm, shifted to a 
foreign country the production of articles like or directly competitive 
with the robotic systems produced at the subject firm, nor acquired 
from a foreign country the production of articles like or directly 
competitive with the robotic systems produced at the subject firm. The 
Department's survey of the subject firm's major declining customers 
regarding their purchases of robotic systems in 2007, 2008, and during 
January through April 2009 revealed negligible imports of robotic 
systems.
    The investigation also revealed that the subject firm was not 
eligible as a Supplier or a Downstream Producer because they did not 
supply a component used by a firm that employed a worker group covered 
by an active Trade Adjustment Assistance (TAA) certification.
    In the request for reconsideration, the petitioner provided a list 
of the subject firm's customers which employed a worker group covered 
by a TAA certification. In subsequent communications, the petitioner 
emphasized that she and fellow employees had participated in the actual 
production process in their customers' plants during the initial 
installation, testing, and worker training phases following the 
delivery of the subject firm's robotic devices to the customers.
    In response to the request for reconsideration, the Department 
contacted the subject firm about which of the TAA-certified customers 
had required employees of the subject firm to be present in the 
customer's plants during production. The reconsideration investigation 
revealed that contracts requiring on-site presence of subject firm 
workers in the customers' plants were infrequent; the sales associated 
with contracts requiring such presence amounted to a small percentage 
of the subject firm's total sales (ranging from 1.3 and 5.4 percent 
during 2007, 2008, and January to April 2009); and the on-site presence 
of the subject firm's workers was not related to production but related 
to post-sale customer support.
    Because the services supplied by the subject firm to the alleged 
customers which employed a worker group covered by a TAA certification 
were not directly used in the production of the

[[Page 43563]]

article that was the basis of the TAA certification, the workers of the 
subject firm did not meet the criteria of Section 222(c) and are, 
therefore, not eligible to apply for TAA as adversely affected 
secondary workers.

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 Fanuc Robotics America, Inc., 
Rochester Hills, Michigan.

    Signed in Washington, DC, this 13th day of July 2010.
 Del Min Amy Chen,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-18184 Filed 7-23-10; 8:45 am]
BILLING CODE 4510-FN-P