BASF Corporation, Freeport, TX; Notice of Affirmative Determination Regarding Application for Reconsideration, 3731 [E5-269]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 16 / Wednesday, January 26, 2005 / Notices
Signed at Washington, DC, this 20th day of
December 2004.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–267 Filed 1–25–05; 8:45 am]
Signed in Washington, DC, this 12th day of
January, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–269 Filed 1–25–05; 8:45 am]
BILLING CODE 4510–30–P
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
DEPARTMENT OF LABOR
Employment and Training
Administration
Employment and Training
Administration
[TA–W–55,518]
[TA–W–56,207]
BASF Corporation, Freeport, TX;
Notice of Affirmative Determination
Regarding Application for
Reconsideration
Beverage-Air Abbeville County
Factory; Honea Path, SC; Notice of
Termination of Investigation
By application of October 15, 2004, a
petitioner requested administrative
reconsideration of the Department of
Labor’s Notice of Negative
Determination Regarding Eligibility to
Apply for Worker Adjustment
Assistance, applicable to workers of the
subject firm. The negative determination
for the workers of BASF Corporation,
Freeport, Texas was signed on October
4, 2004, and the Department’s notice of
determination was published in the
Federal Register on October 26, 2004
(69 FR 62461).
The initial investigation found that
workers are separately identifiable by
product line (polycaprolactum, oxo,
diols, and acrylic monomers), that
polycaprolactum, oxo and diol
production increased during the
relevant period, and that the subject
company neither increased imports of
acrylic monomers during the relevant
period nor shifted acrylic monomer
production abroad.
In the request for reconsideration, the
petitioner alleged that the subject firm
has shifted acrylic monomer production
to China.
The Department has carefully
reviewed the petitioner’s request for
reconsideration and previously
submitted documents, and has
determined that the petitioner has
provided additional information and
that the subject worker group was
erroneously categorized. Therefore, the
Department will conduct further
investigation to determine if the workers
meet the eligibility requirements of the
Trade Act of 1974.
Conclusion
After careful review of the
application, I conclude that the claim is
of sufficient weight to justify
reconsideration of the Department of
Labor’s prior decision. The application
is, therefore, granted.
VerDate jul<14>2003
19:33 Jan 25, 2005
Jkt 205001
Pursuant to section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on December
13, 2004 in response to a petition filed
by a company official on behalf of
workers at Beverage-Air, Abbeville
County Factory, Honea Path, South
Carolina.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Signed at Washington, DC this 14th day of
January, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–275 Filed 1–25–05; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–55,361]
The Boeing Company, Long Beach
Division, Long Beach, California;
Notice of Negative Determination
Regarding Application for
Reconsideration
By application of October 14, 2004, a
representative of the International
Union, United Automobile, Aerospace,
and Agricultural Implement Workers of
America, Local 148, requested
administrative reconsideration of the
Department’s negative determination
regarding eligibility to apply for Trade
Adjustment Assistance (TAA),
applicable to workers and former
workers of the subject firm. The denial
notice was signed on September 2, 2004,
and published in the Federal Register
on October 8, 2004 (69 FR 60425).
Pursuant to 29 CFR 90.18(c)
reconsideration may be granted under
the following circumstances:
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
3731
(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 mis-interpretation of facts or
of the law justified reconsideration of
the decision.
The petition for the workers of The
Boeing Company, Long Beach Division,
Long Beach, California was denied
because criterion (1) was not met. The
subject facility did not separate or
threaten to separate a significant
number or proportion of workers as
required by section 222 of the Trade Act
of 1974.
The petitioner alleges that the workers
of the 717 commercial aircraft program
are separately identifiable from the rest
of the workforce at the subject facility,
and that there have been significant
declines in employment within the 717
program.
A company official was contacted in
regards to these allegations. The
company official confirmed that the
workers of the 717 commercial aircraft
program are separately identifiable from
the rest of the workforce at the subject
facility, and provided employment
figures for the 717 commercial aircraft
program at the subject facility for end of
year 2002, end of year 2003, and midDecember 2004.
Employment figures for the 717
commercial aircraft program at the
subject facility showed an increase in
employment from 2002 to 2003.
Furthermore, although there was a slight
employment decline within the 717
program at the subject facility from 2003
to December 2004, the subject division
did not separate or threaten to separate
a significant number or proportion of
workers as required by section 222 of
the Trade Act of 1974. Significant
number or proportion of the workers
means that total or partial separations,
or both, in a firm or appropriate
subdivision thereof, are the equivalent
to a total unemployment of five percent
(5 percent) of the workers or 50 workers,
whichever is less. Separations by the
subject facility, and by the 717
commercial aircraft division within the
subject facility, did not meet this
threshold level.
The petitioner also provided
information showing employment
declines within the Boeing commercial
aircraft program nationwide and in
California, but not specifically at the
subject facility. When assessing
eligibility for TAA, the Department
E:\FR\FM\26JAN1.SGM
26JAN1
]]>Agencies
[Federal Register Volume 70, Number 16 (Wednesday, January 26, 2005)]
[Notices]
[Page 3731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-269]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-55,518]
BASF Corporation, Freeport, TX; Notice of Affirmative
Determination Regarding Application for Reconsideration
By application of October 15, 2004, a petitioner requested
administrative reconsideration of the Department of Labor's Notice of
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to workers of the subject firm. The
negative determination for the workers of BASF Corporation, Freeport,
Texas was signed on October 4, 2004, and the Department's notice of
determination was published in the Federal Register on October 26, 2004
(69 FR 62461).
The initial investigation found that workers are separately
identifiable by product line (polycaprolactum, oxo, diols, and acrylic
monomers), that polycaprolactum, oxo and diol production increased
during the relevant period, and that the subject company neither
increased imports of acrylic monomers during the relevant period nor
shifted acrylic monomer production abroad.
In the request for reconsideration, the petitioner alleged that the
subject firm has shifted acrylic monomer production to China.
The Department has carefully reviewed the petitioner's request for
reconsideration and previously submitted documents, and has determined
that the petitioner has provided additional information and that the
subject worker group was erroneously categorized. Therefore, the
Department will conduct further investigation to determine if the
workers meet the eligibility requirements of the Trade Act of 1974.
Conclusion
After careful review of the application, I conclude that the claim
is of sufficient weight to justify reconsideration of the Department of
Labor's prior decision. The application is, therefore, granted.
Signed in Washington, DC, this 12th day of January, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-269 Filed 1-25-05; 8:45 am]
BILLING CODE 4510-30-P
