[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Notices]
[Page 2291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00340]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-82,074]


Komax Solar, Inc., a Wholly Owned Subsidiary of Komax Holdings 
AG, York, PA; Notice of Negative Determination Regarding Application 
for Reconsideration

    By applications received on November 12, 2012 and November 26, 
2012, two workers independently requested administrative 
reconsideration of the negative determination regarding workers' 
eligibility to apply for Trade Adjustment Assistance (TAA) applicable 
to workers and former workers Komax Solar, Inc., a wholly owned 
subsidiary of Komax Holdings, AG, York, Pennsylvania (subject firm or 
Komax). The negative determination was issued on November 1, 2012. The 
Department's Notice of Determination was published in the Federal 
Register on November 26, 2012 (77 FR 70480).
    Pursuant to 29 CFR 90.18(c), administrative 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 workers of Komax were engaged in activities related to the 
production of solar panel production machines. The products 
manufactured at the subject firm are predominantly for export sale.
    The petition stated that the workers were informed by the subject 
firm that the layoffs were a result of production shifting to a Komax 
facility in Asia. In the request for reconsideration, the workers again 
asserted that separations at Komax are attributable to a future shift 
of solar panel production to Asia.
    Machines used to produce solar panels are not component parts of 
solar panels and are neither like nor directly competitive with solar 
panels.
    The negative determination was based on the Department's findings 
that the subject firm did not shift to a foreign country the production 
of articles like or directly competitive with the solar panel 
production machines produced by the workers, or acquire the production 
of such articles from a foreign country; that the workers' separation, 
or threat of separation, was not related to any increase in imports by 
the subject firm of articles like or directly competitive with solar 
panel production machines; and that the workers' firm is not a supplier 
or a downstream producer to a firm that employed a group of workers who 
received a TAA certification.
    The Department did not conduct a survey on the subject firm's 
declining domestic customers of solar panel production machines because 
sales to domestic customers increased during the relevant time period. 
Further, the articles manufactured at the subject firm during the 
relevant time period were almost entirely export sales.
    One of the requests for reconsideration alleges ``flooding of the 
market by underpriced Chinese solar modules.'' The Department notes 
that the International Trade Commission did not name Komax 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.
    The workers in the requests for reconsideration did not supply 
facts not previously considered or 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. 
Based on these findings, the Department determines that 29 CFR 90.18(c) 
has not been met.

Conclusion

    After review of the applications 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 at Washington, DC, this 27th day of December, 2012.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-00340 Filed 1-9-13; 8:45 am]
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