[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Notices]
[Pages 52974-52975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20808]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-82,288; TA-W-82,288A; TA-W-82,288B; TA-W-82,288C]
Gamesa Technology Corporation, Including On-Site Leased Workers
From A & A Wind Pros Inc., ABB Inc., Airway Services Inc., Amerisafe
Consulting & Safety Services, Apex Alternative Access, Avanti Wind
Systems, Inc., Broadwind Services LLC, Electric Power Systems
International, Evolution Energy Group LLC, Global Energy Services USA
Inc., Ingeteam Inc., Kelly Services, Inc., LM Wind Power Blades (ND)
Inc., Matrix Service Industrial Contract, Mistras Group, Onion ICS LLC,
Power Climber Wind, Rope Partner, Inc., Run Energy LP, SERENA USA,
Inc., Spherion ``The Mergis Group,'' System One UpWind Solutions Inc.,
and Wind Solutions LLC Trevose, Pennsylvania; Gamesa Technology
Corporation, Fairless Hills, Pennsylvania; Gamesa Technology
Corporation, Including On-Site Leased Workers From Work Link Ebensburg,
Pennsylvania; Gamesa Technology Corporation, Bristol, Pennsylvania;
Notice of Negative Determination on Reconsideration
On March 8, 2013, the Department of Labor issued a negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA) applicable to workers and former workers of Gamesa
Technology Corporation, Trevose, Pennsylvania, Fairless Hills,
Pennsylvania, Ebensburg, Pennsylvania, and Bristol, Pennsylvania
(hereafter collectively referred to as ``Gamesa'' or ``the subject
firm'').
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 Department's finding of no shift in production of like or
directly competitive articles to a foreign country, no acquisition of
production of like or directly competitive articles from a foreign
country, and no increased imports of like or directly competitive
articles during the relevant period, as defined in 29 CFR part 90.
In the request for reconsideration, the state workforce official
alleged that the subject firm has shifted abroad the production or
articles like or directly competitive with those produced by the
subject firm and urged the Department to consider information in the
201302015 business plan on the Gamesa Web site, which reflected
increased reliance on a facility on Spain and ``increased blade
outsourcing of 65%.'' The attachment to the request included a letter
which alleged imports from China and Spain and the effect of lost bids
due to the uncertainty of the Production Tax Credit extension.
Information obtained during the reconsideration investigation
confirmed that the subject firm did not shift, and does not plan to
shift, production of like or directly competitive articles to a foreign
country or acquire such production from a foreign country, and that the
subject firm did not import, and has no plans to import, articles like
or directly competitive with those produced by the subject firm.
Should the subject firm shift, or decide to shift, production of
like or directly competitive articles to a foreign country, acquire the
production of like or directly competitive articles from a foreign
country, or begin to import like or directly competitive articles,
those facts would be relevant to the investigation of a new petition,
not the immediate investigation.
For the reasons stated above, the Department determines that 29 CFR
90.18(c) has not been met.
Conclusion
After careful review, I determine that the requirements of Section
222 of the Act, 19 U.S.C. 2272, have not been met and, therefore, deny
the petition for
[[Page 52975]]
group eligibility of Gamesa Technology Corporation, including on-site
leased workers from A & A Wind Pros Inc., ABB Inc., Airway Services
Inc., Amerisafe Consulting & Safety Services, Apex Alternative Access,
Avanti Wind Systems, Inc., Broadwind Services LLC, Electric Power
Systems International, Evolution Energy Group LLC, Global Energy
Services USA Inc., Ingeteam Inc., Kelly Services, Inc., LM Wind Power
Blades (ND Inc., Matrix Service Industrial Contract, Mistras Group
Inc., Orion ICS LLC, Power Climber Wind, Rope Partner, Inc., Run Energy
LP, SERENA USA, Inc., Spherion ``The Mergis Group,'' System One, UpWind
Solutions Inc., Wind Solutions LLC, and Wind Turbine Solutions LLC,
Trevose, Pennsylvania (TA-W-82,288), Gamesa Technology Corporation,
Fairless Hills, Pennsylvania (TA-W-82,288A), Gamesa Technology
Corporation, including on-site leased workers from Work Link,
Ebensburg, Pennsylvania (TA-W-82,288B), and Gamesa Technology
Corporation, Bristol, Pennsylvania (TA-W-82,288C), to apply for
adjustment assistance, in accordance with Section 223 of the Act, 19
U.S.C. 2273.
Signed in Washington, DC on this 8th day of August, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-20808 Filed 8-26-13; 8:45 am]
BILLING CODE 4510-FN-P