[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Page 27670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11643]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-73,376]


Wacker Neuson Corporation, a Subsidiary of Wacker Neuson SE. 
Menomonee Falls, WI; Notice of Termination of Investigation

    By application dated August 17, 2010, a company official requested 
administrative reconsideration of the affirmative determination 
regarding workers' eligibility to apply for Trade Adjustment Assistance 
(TAA) applicable to workers and former workers of the subject firm. The 
certification of eligibility was issued on July 30, 2010. The 
Department's Notice of determination was published in the Federal 
Register on August 13, 2010 (75 FR 49530). The workers produce 
construction equipment and are not separately identifiable by product 
line.
    The initial investigation resulted in an affirmative determination 
based on the findings that a significant proportion or number of the 
workers at the subject firm were totally or partially separated, or 
threatened with such separation, that the subject firm shifted to a 
foreign country the production of articles like or directly competitive 
with those produced by the workers, and that the shift in production 
contributed importantly to worker group separations at the subject 
firm.
    On August 18, 2010, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The Department's Notice of 
determination was published in the Federal Register on August 30, 2010 
(75 FR 52980).
    In the request for reconsideration, the company official requested 
that the Department rescind the affirmative determination regarding 
worker eligibility to apply for TAA. The company official stated that 
the shift in production abroad did not contribute importantly to worker 
separations because the production of the article that shifted employed 
a negligible number of workers and, when production shifted abroad, 
those workers were reassigned to other product lines.
    Under 29 CFR 90.18(a), ``Any worker, group of workers, certified or 
recognized union, or authorized representative of such worker group, 
aggrieved by a determination issued pursuant to the Act * * * may file 
an application for reconsideration of the determination * * *.''
    Upon further review of the request for reconsideration, the 
Department determines that an employer's request for reconsideration of 
an affirmative determination is not in the best interest of the worker 
group and, therefore, the Department cannot infer that the employer is 
acting as an ``authorized representative'' of the worker group.
    Further investigation on administrative reconsideration would serve 
no purpose; therefore, the investigation is terminated.

    Signed at Washington, DC, this 2nd day of May, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-11643 Filed 5-11-11; 8:45 am]
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