ETA
Notices
Dako Colorado Eridan Pathology Instrumentation Division Including On-Site Leased Workers of Volt and Aerotek, Ft. Collins, CO; Notice of Revised Determination on Reconsideration
[ 8/30/2007]
[ PDF]
FR Doc E7-17177
[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]
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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]
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