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Del Min Amy Chen
Federal Register
September 23, 2011
[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Notices]
[Page 59166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24478]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-75,151]
Navistar Truck Development and Technology Center, a Subsidiary of
Navistar International Corporation Truck Division, Fort Wayne, IN;
Notice of Affirmative Determination Regarding Application for
Reconsideration
By application dated May 31, 2011, a petitioner requested
administrative reconsideration of the negative determination regarding
workers' eligibility to apply for Trade Adjustment Assistance (TAA)
applicable to workers and former workers of Navistar Truck Development
and Technology Center, a Subsidiary of Navistar International
Corporation, Truck Division, Fort Wayne, Indiana (subject firm). The
negative determination was issued on April 13, 2011. The Department's
Notice of Determination was published in the Federal Register on May 2,
2011 (76 FR 24536). The workers are engaged in activities related to
the supply of truck body engineering and design services.
The negative determination was based on the findings that, with
respect to Section 222(a) of the Act, Criterion II has not been met
because imports of engineering and design services have not increased
and there has not been a shift of engineering and design services by
the workers' firm to a foreign country. Further, Criterion III has not
been met because the worker separations are not attributable to
increased imports or a shift of services to a foreign country. Rather,
the investigation confirmed that the worker separations are
attributable to a consolidation and shift of engineering and design
services to another facility located within the United States.
With respect to Section 222(c) of the Act, the investigation
revealed that Criterion (2) has not been met because the firm is not a
Supplier or Downstream Producer to a firm with a TAA-certified worker
group.
In the request for reconsideration, the petitioner stated that
``Navistar has not only increased the amount of work that they
outsource, they have increased the number of countries that they
outsource that work to.'' The petitioner referenced multiple
attachments and stated that the subject firm has joint ventures with
China, India, Brazil, and Europe. The petitioner also stated that
``This chart shows Fort Wayne employees doing export work under the
heading of Mexico, Brazil, and Export Engineering * * *. The work is
now clearly outsourced to India, Brazil, and China according to the
organizational chart.''
The petitioner also referenced an attachment and stated ``two job
postings for Chief Engineers to work in China to oversee Engineering
and Design work.'' The petitioner also referenced an attachment and
stated ``shows new work being sent to a Company in Romania * * * shows
the name of the on-site coordinator, whose primary responsibility is to
prepare and send work via the internet for his counterparts in Romania
to perform * * * shows a listing of work that has been transferred to
Romania for completion.'' The petitioner also referenced an attachment
and stated ``shows the increasing amount of work being sent to
Brazil.''
The petitioner also referenced an attachment and stated ``shows an
email with an employee break down of the increase in the amount of work
being sent to India from a single department. This department sent out
4 jobs to India in 2010, and has already sent nine jobs to India in the
first four months of 2011.'' The petitioner also referenced an
attachment and stated ``details how IT Services group was partially
replaced by a call center/support staff in India.''
The petitioner also referenced an attachment and stated ``Navistar
answered the Community's questions about their intentions for the
property they were acquiring for the move. * * * This is a headcount
reduction across the nation, made possible by the Global Outsourcing. *
* * '' The petitioner also referenced an attachment and stated
``Earlier Exhibits detailed that these countries are doing their own
engineering and development work, they not simply `points of sale.'. ''
The Department has carefully reviewed the request for
reconsideration and the existing record, and has determined that the
Department will conduct further investigation to determine if the
petitioning workers meet 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 15th day of September, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-24478 Filed 9-22-11; 8:45 am]
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