[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Notices]
[Pages 62264-62265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25136]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-81,351]


Truseal Technologies, Inc., A Division of Quanex Building 
Products Corporation, Barbourville, Kentucky; Notice of Negative 
Determination on Reconsideration

    On April 27, 2012, the Department of Labor issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Truseal Technologies, a Division of Quanex 
Building Products Corporation, Barbourville, Kentucky (subject firm). 
The subject firm produces flashing used in building construction

[[Page 62265]]

and sealants used in window and door products and photovoltaic panels. 
Workers are not separately identifiable by article produced.
    The negative determination was based on the Department's findings 
of no subject firm sales or production declines and no shift of 
production to a foreign country.
    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 request for reconsideration alleges that the subject firm has 
shifted to Germany the production of articles like or directly 
competitive with the flashing and sealant produced by the subject firm 
and that this information was provided by a company official.
    During the reconsideration investigation, the Department received 
confirmation from the subject firm of no shift to (or acquisition from) 
a foreign country the production of articles like or directly 
competitive with the flashing and sealant produced by the subject firm. 
Rather, the subject firm consolidated production to an existing, 
affiliated domestic facility.
    During the reconsideration investigation, the Department also 
contacted the company official identified in the request for 
reconsideration. The company official clarified that, while the subject 
firm does have a facility in Germany, there was no shift in production 
to any facility than the Cambridge, Ohio facility and the workers who 
filed the request for reconsideration had misunderstood him.
    Previously-submitted information revealed that subject firm 
employment, sales, and production did not decline prior to the plant 
closure in August 2012. Rather, employment, sales, and production 
increased in 2011 from 2010 levels.
    Therefore, after careful review of previously-submitted 
information, the request for reconsideration, and information obtained 
during reconsideration investigation, the Department determines that 29 
CFR 90.18(c) has not been met.

Conclusion

    After careful reconsideration, I affirm the original notice of 
negative determination of eligibility to apply for worker adjustment 
assistance for workers and former workers of Truseal Technologies, a 
Division of Quanex Building Products Corporation, Barbourville, 
Kentucky.

    Signed in Washington, DC on this 27th day of September, 2012.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-25136 Filed 10-11-12; 8:45 am]
BILLING CODE 4510-FN-P