[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Notices]
[Page 62260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25135]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-81,689; TA-W-81,689A]


Niles America Wintech, Inc., Warehousing Division, a Valeo 
Company, Including On-Site Leased Workers from, Adecco Employment 
Services, Winchester, KY; Niles America Wintech, Inc., Assembly and 
Testing Division, a Valeo Company, Including On-Site Leased Workers 
from Adecco Employment Services, Winchester, KY; Notice of Affirmative 
Determination Regarding Application for Reconsideration

    By application dated August 28, 2012 a petitioning 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 Niles America 
Wintech, Inc., Warehousing Division and Assembly and Testing Division, 
including on-site leased workers from Adecco Employment Services, 
Winchester, Kentucky (collectively referred to as the subject firm). 
The determination was issued on July 31, 2012. The Department's Notice 
of determination was published in the Federal Register on August 16, 
2012 (77 FR 49462).
    The initial investigation resulted in a negative determination 
based on the findings that the subject firm did not import services 
like or directly competitive with the order management, shipping, 
receiving, and warehousing services supplied by the subject workers.
    Further, the subject firm did not shift the supply of order 
management, shipping, receiving and warehousing services (or like or 
directly competitive services) to a foreign country or acquire the 
supply of such services from a foreign country.
    The initial investigation also revealed that the subject firm is 
not a Supplier to or 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).
    In addition, the subject firm did not satisfy the group eligibility 
requirements under Section 222(e) of the Act, either because Criterion 
(1) has not been met since the workers' firm has not been publically 
identified by name 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.
    Finally, with respect to Section 222(a) and Section 222(b) of the 
Act, the investigation revealed that Criterion (1) has not been met 
because a significant number or proportion of the workers in such 
workers' firm, have not become totally or partially separated, during 
the relevant time period, nor are they threatened to become totally or 
partially separated.
    In request for reconsideration, the petitioner supplied new 
information regarding the number of workers who have been separated or 
have been threatened with separation.
    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 of the Trade Act of 1974, as 
amended.

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 26th day of September, 2012.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-25135 Filed 10-11-12; 8:45 am]
BILLING CODE 4510-FN-P