[Federal Register Volume 78, Number 3 (Friday, January 4, 2013)]
[Notices]
[Page 774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31662]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-81,929]


Joy Global, Inc., Also Known as Joy Technologies, Inc., Including 
On-Site Leased Workers From All Seasons Temporaries and Manpower, 
Franklin, PA; Notice of Affirmative Determination Regarding Application 
for Reconsideration

    By application dated November 8, 2012, the International 
Association of Machinists and Aerospace Workers, District Lodge No. 98, 
requested administrative reconsideration of the negative determination 
regarding workers' eligibility to apply for Trade Adjustment Assistance 
(TAA) applicable to workers and former workers of Joy Global, Inc., 
also known as Joy Technologies, Inc., including on-site leased workers 
from All Seasons Temporaries and Manpower, Franklin, Pennsylvania (Joy 
Global). The determination was issued on October 16, 2012. The workers' 
firm is engaged in activities related to the production of mobile 
underground mining machines and repair components. Workers are not 
separately identifiable by product.
    The initial investigation resulted in a negative determination 
based on the findings that, with respect to Section 222(a)(2)(A)(i) of 
the Act, Joy Global has not experienced a decline in the sales or 
production of mobile underground mining machines and repair components 
during the relevant period under investigation.
    With respect to Section 222(a)(2)(B) of the Act, the investigation 
revealed that Joy Global did not shift the production of mobile 
underground mining machines and repair components or a like or directly 
competitive article to a foreign country or acquire mobile underground 
mining machines and repair components or a like or directly competitive 
article from a foreign country. Although workers of Joy Technologies, 
Inc., Mt. Vernon, Illinois (TA-W-57,700) were eligible to apply for TAA 
based on a shift in production of mining machinery components to 
Mexico, the investigation revealed that worker separations at the 
subject firm were not caused by a shift in production of mobile 
underground mining machines or repair components to a foreign country.
    With respect to Section 222(b)(2) of the Act, the investigation 
revealed that Joy Global is not 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) and does not act as a 
Downstream Producer to a firm (or subdivision, whichever is applicable) 
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 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.
    The request for reconsideration included information regarding a 
possible shift in production.
    The Department has carefully reviewed the request for 
reconsideration and the existing record, and will conduct further 
investigation to clarify the subject worker group and to determine if 
workers have met 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 6th day of December 2012.
 Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-31662 Filed 1-3-13; 8:45 am]
BILLING CODE 4510-FN-P