cleaners/washers at the subject firm Conclusion DEPARTMENT OF LABOR
decreased during the relevant period. Rather, sales and production levels at After review of the application and Employment and Training the subject firm increased in 2006 from investigative findings, I conclude that Administration 2005 levels, and increased during there has been no error or January through July 2007 from January misinterpretation of the law or of the [TA–W–61,671] through July 2006 levels. The facts which would justify investigation also revealed that the reconsideration of the Department of Faradyne Motors, A Joint Venture of subject firm did not shift production of Labor’s prior decision. Accordingly, the ITT Industries and Pentair, parts cleaners/washers abroad. Rather, application is denied. Incorporated, Formerly Known as the shift of production was to an Signed at Washington, DC, this 24th day of Success Enterprises LLC, Including affiliated, domestic facility. Therefore, September 2007. On-Site Leased Workers From Kelly the Department determined that neither Services, Newark, NY, Amended Elliott S. Kushner, Certification Regarding Eligibility To Section 222(a)(2)(A) nor Section 222(a)(2)(B) was satisfied. Certifying Officer, Division of Trade Apply for Worker Adjustment Adjustment Assistance. Assistance and Alternative Trade The petitioner contends that ‘‘no [FR Doc. E7–19181 Filed 9–27–07; 8:45 am] Adjustment Assistance automatic parts washers were manufactured in Mexico, but pressure BILLING CODE 4510–FN–P In accordance with Section 223 of the washers are being manufactured in Trade Act of 1974 (19 U.S.C. 2273), and Mexico’’ and that it does not matter that DEPARTMENT OF LABOR Section 246 of the Trade Act of 1974 (26 ‘‘the manufacture of our specific U.S.C. 2813), as amended, the product did not go to Mexico, because Employment and Training Department of Labor issued a our company produces a family of Administration Certification of Eligibility to Apply for products. Transfer of one product in the Worker Adjustment Assistance and family, affects the other products in the [TA–W–61,674] Alternative Trade Adjustment family.’’ Assistance on June 20, 2007, applicable Pursuant to 29 CFR 90.18(c) to workers of Faradyne Motors, A Joint EGS Electrical Group, Sola/Hevi-Duty reconsideration may be granted under Venture of ITT Industries and Pentair, the following circumstances: Division, Nashville, TN; Dismissal of Application for Reconsideration Inc., Newark, New York. The notice was (1) If it appears on the basis of facts published in the Federal Register on not previously considered that the Pursuant to 29 CFR 90.18(c) an July 9, 2007 (72 FR 37365). determination complained of was application for administrative At the request of the company, the erroneous; Department reviewed the certification reconsideration was filed with the (2) If it appears that the determination Director of the Division of Trade for workers of the subject firm. The complained of was based on a mistake Adjustment Assistance for workers at workers are engaged in the production in the determination of facts not EGS Electrical Group, Sola/Hevi-Duty of motors for pumps. The subject firm previously considered; or Division, Nashville, Tennessee. The originally named Success Enterprises (3) If in the opinion of the Certifying application did not contain new LLC was renamed Faradyne Motors due Officer, a misinterpretation of facts or of information supporting a conclusion to a corporate decision in 2006. The the law justified reconsideration of the State agency reports that some workers that the determination was erroneous, decision. wages at the subject firm are being and also did not provide a justification In the request for reconsideration, the reported under the Unemployment for reconsideration of the determination Insurance (UI) tax account for Success petitioner did not provide any new facts that was based on either mistaken facts or allege any mistake of facts. Rather, Enterprises LLC, Newark, New York. or a misinterpretation of facts or of the the petitioner alleges that the Accordingly, the Department is law. Therefore, a letter of dismissal was amending the certification to properly Department has misinterpreted the issued, which constitutes a negative reflect this matter. law—that the shift of production of determination regarding the application pressure washers from C-Tech The intent of the Department’s for reconsideration. certification is to include all workers of Industries, Camas, Washington, to Mexico is a basis for a certification of TA–W–61,674; EGS Electrical Group Sola/ Faradyne Motors who were adversely eligibility for workers and former Hevi-Duty Division Nashville, Tennessee affected by increased company imports workers of C-Tech Industries, A (September 4, 2007). following a shift in production to China. Subsidiary of Alfred Karcher GMBH & Signed at Washington, DC this 21st day of The amended notice applicable to Co. KG, Calumet, Michigan to apply for September 2007. TA–W–61,671 is hereby issued as TAA and ATAA. Ralph DiBattista, follows: The statute requires that the shift of Director, Division of Trade Adjustment All workers of Faradyne Motors, A Joint production abroad must be of an article Assistance. Venture of ITT Industries and Pentair, Inc., that is like or directly competitive with formerly known as Success Enterprises LLC, [FR Doc. E7–19178 Filed 9–27–07; 8:45 am] those produced at the subject firm. including on-site leased workers from Kelly Because pressure washers and BILLING CODE 4510–FN–P Services, Newark, New York, who became automatic parts washers are not similar totally or partially separated from to each other and are not directly employment on or after June 11, 2006, jlentini on PROD1PC65 with NOTICES
through June 20, 2009, are eligible to apply
competitive with each other, the for adjustment assistance under Section 223 Department determines that the shift of of the Trade Act of 1974, and are also eligible pressure washers to Mexico cannot be to apply for alternative trade adjustment the basis for certification of a worker assistance under Section 246 of the Trade Act group that produces parts washers. of 1974.