[Federal Register Volume 77, Number 89 (Tuesday, May 8, 2012)]
[Notices]
[Page 27081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11054]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-81,071]


II-VI, Incorporated, Infrared Optics--Saxonburg Division, 
Saxonburg, Pennsylvania; Notice of Affirmative Determination Regarding 
Application for Reconsideration

    By application dated February 21, 2012, a worker requested 
administrative reconsideration of the negative determination regarding 
workers' eligibility to apply for Trade Adjustment Assistance (TAA) 
applicable to workers and former workers of II-VI, Incorporated, 
Infrared Optics--Saxonburg Division, Saxonburg, Pennsylvania (subject 
firm). The determination was issued on February 8, 2012. The 
Department's Notice of determination was published in the Federal 
Register on February 14, 2012 (77 FR 8281). The workers were engaged in 
employment related to the production of infrared and CO2 
laser optics, and related materials.
    The initial investigation resulted in a negative determination 
based on the findings that the subject firm has not experienced a 
decline in the sales or production of infrared and CO2 laser 
optics, and related materials, from 2009 to 2010 or from January-
October 2010 compared to the same period in 2011.
    With respect to Section 222(a)(2)(B) of the Act, the investigation 
revealed that the workers' firm did not shift production of infrared 
and CO2 laser optics, and related materials (or like or 
directly competitive articles) to a foreign country, or acquire the 
production of such articles from a foreign country.
    With respect to Section 222(b)(2) of the Act, the investigation 
revealed that the subject firm is a Supplier to a firm that employed a 
group of workers who received a certification of eligibility under 
Section 222(a) of the Act, 19 U.S.C. 2272(a); however, the component 
parts supplied did not account for at least 20 percent of the 
production or sales or contribute importantly to workers' separation or 
threat thereof.
    With respect to Section 222(b)(2) of the Act, the investigation 
revealed that the subject firm does not act as a Downstream Producer to 
a firm that employed a group of workers who received a certification of 
eligibility under Section 222(a) of the Act, 19 U.S.C. 2272(a).
    Finally, the group eligibility requirements under Section 222(e) of 
the Act have not been satisfied because the workers' firm has not been 
publicly identified by the International Trade Commission as a member 
of a domestic industry in an investigation resulting in an affirmative 
finding of serious injury, market disruption, or material injury, or 
threat thereof.
    In the request for reconsideration, the petitioner supplied new 
information regarding a possible decline in sales during the relevant 
period under investigation.
    The Department of Labor has carefully reviewed the request for 
reconsideration and the existing record, and has determined that the 
Department will conduct further investigation to determine if the 
workers meet the eligibility requirements to apply for TAA.

Conclusion

    After careful review of the application, I conclude that the claim 
is of sufficient weight to justify reconsideration of the U.S. 
Department of Labor's prior decision. The application is, therefore, 
granted.

    Signed at Washington, DC, this 27th day of March, 2012.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-11054 Filed 5-7-12; 8:45 am]
BILLING CODE 4510-FN-P