[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Page 27668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11639]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-72,971]


ASC Machine Tools, Inc., Spokane Valley, WA; Notice of Negative 
Determination on Reconsideration

    On October 7, 2010, the Department of Labor issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of ASC Machine Tools, Inc., Spokane Valley, 
Washington (the subject firm). The Department's Notice was published in 
the Federal Register on October 25, 2010 (75 FR 65516). The workers 
produce custom-order metal cutting machinery used to form and cut 
metal, including assembled equipment, component parts of equipment, and 
spare parts. Workers are not separately identifiable by article 
produced.
    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 initial investigation resulted in a negative determination 
based on the finding that the subject firm sales decline was due to 
loss of export sales of foreign customers' bids to competitors outside 
the United States. The initial investigation also revealed decreased 
aggregate imports of metal cutting equipment during the relevant 
period, and that the subject firm is not a supplier or downstream 
producer for any firm that employed a worker group eligible to apply 
for Trade Adjustment Assistance (TAA).
    The International Association of Machinists and Aerospace Workers, 
District Lodge 751, in the request for reconsideration, alleges 
increased imports from Sen Fung Rollform Machinery Corporation in 
Taiwan and Metform International in Canada. The request for 
reconsideration also articulates the concern that ``the affected 
workers are being penalized due to the inconsistent customer base of 
the company'' and requests that aggregate import data during 2007 and 
2008 be considered.
    During the reconsideration investigation, the Department received 
information that confirmed that Sen Fung Rollform Machinery Corporation 
in Taiwan and Metform International in Canada are competitors of the 
subject firm and not customers, as inferred in the request for 
reconsideration. As such, the Department did not conduct a bid survey 
in regard to the aforementioned companies.
    In regard to the request that aggregate import data be considered 
for 2007 and 2008, the Department can not consider data for this period 
because it is outside of the relevant period under investigation.
    29 CFR 90.2 states that increased imports means that imports have 
increased either absolutely or relative to domestic production compared 
to a representative base period. The representative base period shall 
be one year consisting of the four quarters immediately preceding the 
date which is twelve months prior to the date of the petition.

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 ASC Machine Tools, Inc., Spokane 
Valley, Washington.

    Signed in Washington, DC, on this 2nd day of May, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-11639 Filed 5-11-11; 8:45 am]
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