[Federal Register: August 30, 2007 (Volume 72, Number 168)]
[Notices]               
[Page 50127]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au07-56]                         


[[Page 50127]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,808]

 
Dako Colorado Eridan Pathology Instrumentation Division Including 
On-Site Leased Workers of Volt and Aerotek, Ft. Collins, CO; Notice of 
Revised Determination on Reconsideration

    On July 23, 2007, the Department of Labor (Department) issued a 
Negative Determination Regarding Eligibility to Apply for Worker 
Adjustment Assistance and Alternative Trade Adjustment Assistance 
applicable to the Trade Adjustment Assistance (TAA) and Alternative 
Trade Adjustment Assistance (ATAA) petition filed by company officials 
on behalf of workers and former workers of Dako Colorado, Eridan 
Pathology Instrumentation Division, Ft. Collins, Colorado (subject 
firm). The Department's Notice of negative determination was published 
in the Federal Register on August 9, 2007 (72 FR 44866).
    The negative determination stated the petition was denied because 
section 222(a)(2)(A)(I.C) and (II.C) of the Trade Act of 1975, as 
amended, was not satisfied. The investigation revealed that the subject 
firm did not import during the relevant period and that, following a 
shift of production to Denmark, which began in 2006, the subject firm 
does not anticipate importing to United States customers until 2008 or 
2009.
    The determination also stated that the subject workers are engaged 
in research, development and design work on bio-tech instruments, and 
are separately identifiable from other workers at the subject firm. The 
determination further stated that subject firm production ceased in 
October 2006 and the workers' separations are a continuation of the 
shift of production abroad.
    By letter dated August 8, 2007, a company official requested 
administrative reconsideration of the Department's negative 
determination. The request for reconsideration alleged that following 
the shift of bio-tech instrumentation production abroad, there is 
likely to be an increase in imports by the subject firm and its 
customers of articles that are like or directly competitive with those 
produced by the subject firm.
    During the reconsideration investigation, the official explained 
that Dako Colorado has two divisions, that the two divisions operate 
independently, and that the Eridan Pathology Instrumentation Division 
produces bio-tech instrumentation. Therefore, the Department determines 
that the subject workers are engaged in the production of bio-tech 
instrumentation.
    During the reconsideration investigation, the company official 
confirmed previously-submitted information and provided additional 
information regarding the subject firm's intention to import bio-tech 
instrumentation from Denmark to satisfy its domestic customers.
    Based on the additional information obtained during the 
reconsideration investigation, the Department determines that section 
222(a)(2)(A)(II.C) of the Trade Act of 1975, as amended, has been 
satisfied.
    In accordance with section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department herein presents the results of its 
investigation regarding certification of eligibility to apply for ATAA. 
The Department has determined in this case that the group eligibility 
requirements of section 246 have been met.
    A significant number of workers at the firm are age 50 or over. 
Workers possess skills that are not easily transferable. Competitive 
conditions within the industry are adverse.

Conclusion

    After careful review of the additional information obtained during 
the reconsideration investigation, I determine that bio-tech 
instrumentation production at Dako Colorado, Eridan Pathology 
Instrumentation Division, Ft. Collins, Colorado shifted abroad and 
there is a likelihood of increased imports of articles like or directly 
competitive with those produced at the subject firm following the shift 
of production abroad.
    In accordance with the provisions of the Act, I make the following 
certification:

    All workers of Dako Colorado, Eridan Pathology Instrumentation 
Division, including on-site workers of Volt and Aerotek, Ft. 
Collins, Colorado, who became totally or partially separated from 
employment on or after July 9, 2006 through two years from the date 
of this certification, are eligible to apply for adjustment 
assistance under section 223 of the Trade Act of 1974, and are 
eligible to apply for alternative trade adjustment assistance under 
section 246 of the Trade Act of 1974.

    Signed at Washington, DC, this 23rd day of August 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E7-17177 Filed 8-29-07; 8:45 am]

BILLING CODE 4510-FN-P