Rock-Tenn Company; OTSEGO, Michigan; Notice of Affirmative Determination Regarding Application for Reconsideration, 6457-6458 [E5-462]

Download as PDF Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Notices articles like or directly competitive with those produced at Lenox, Inc., Oxford, North Carolina, contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification: All workers of Lenox, Inc., Oxford, North Carolina who became totally or partially separated from employment on or after October 11, 2004 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. Signed in Washington, DC this 18th day of January 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–460 Filed 2–4–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Conclusion After careful review of the additional facts obtained on reconsideration, I conclude that the requirements of Section 246 of the Trade Act of 1974, as amended, have been met for workers at the subject firm. In accordance with the provisions of the Act, I make the following certification: All workers of Louisiana Pacific Corporation, OSB-Woodland, Baileyville, Maine, who became totally or partially separated from employment on or after November 18, 2003 through January 10, 2006, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed in Washington, DC this 25th day of January 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–457 Filed 2–4–05; 8:45 am] Employment and Training Administration BILLING CODE 4510–30–P [TA–W–56,059] Employment and Training Administration assistance, the Department is terminating the certification for TA–W– 56,104. The petitioners are encouraged to file a new petition when the existing certification is nearing expiration. Since the basis for the certification is no longer valid, continuation of this certification would serve no purpose and the certification for workers of Pentair Pump, South Plant (Hydromatic), Subsidiary of Pentair, Inc., Ashland, Ohio, has been terminated. Signed at Washington, DC, this 21st day of January 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–458 Filed 2–4–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR DEPARTMENT OF LABOR Louisiana Pacific Corporation, OSBWoodland, Baileyville, ME; Notice of Revised Determination on Reconsideration of Alternative Trade Adjustment Assistance 6457 By letter dated January 24, 2005, the state official requested administrative reconsideration regarding Alternative Trade Adjustment Assistance (ATAA). The negative determination was signed on January 10, 2005 and will be soon published in the Federal Register. The workers of Louisiana Pacific Corporation, OSB-Woodland, Baileyville, Maine were certified eligible to apply for Trade Adjustment Assistance (TAA) on January 10, 2005. The initial ATAA investigation determined that the skills of the subject worker group are easily transferable to other positions in the local area. The state official provided documentation with the request for reconsideration which contains evidence that the skills of the workers at the subject firm are not easily transferable in the local commuting area. Additional investigation has determined that the workers possess skills that are not easily transferable. A significant number or proportion of the worker group are age fifty or over. Competitive conditions within the industry are adverse. VerDate jul<14>2003 21:04 Feb 04, 2005 Jkt 205001 Employment and Training Administration [TA–W–55,742] [TA–W–56,104] Pentair Pump, South Plant (Hydromatic), Subsidiary of Pentair, Inc., Ashland, OH; Notice of Termination of Certification This notice terminates the Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance issued by the Department on January 7, 2005, applicable to all workers of Pentair Pump, South Plant (Hydromatic), Subsidiary of Pentair, Inc., Ashland, Ohio. The notice will soon be published in the Federal Register. The Department, at the request of the State agency, reviewed the certification for workers of the subject firm engaged in the production of sump and sewage water pumps. The State agency informed the Department that the worker group is covered by an existing certification, TA– W–51,215, that was issued on April 28, 2003. A review of the files shows that the petition certification for TA–W– 51,215 was issued under the company name Hydromatic Pump in Ashland, Ohio, and remains in effect through April 28, 2005. Since the workers are currently covered by a certification and are eligible to apply for trade adjustment PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 Rock-Tenn Company; OTSEGO, Michigan; Notice of Affirmative Determination Regarding Application for Reconsideration By letter of December 14, 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 Department’s determination notice was signed on November 8, 2004 and published in the Federal Register on December 9, 2004 (69 FR 71428). The Department reviewed the request for reconsideration and has determined that the petitioner has provided additional information regarding subject firm’s customers. 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. E:\FR\FM\07FEN1.SGM 07FEN1 6458 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Notices Signed at Washington, DC, this 25th day of January, 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–462 Filed 2–4–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–55,691] Royal Home Fashions Plant No. 6, Henderson, NC; Notice of Revised Determination on Reconsideration By application of November 22, 2004, a petitioner requested administrative reconsideration of the Department’s negative determination regarding eligibility for workers and former workers of the subject firm to apply for Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA). The denial notice was signed on October 25, 2004 and published in the Federal Register on November 12, 2004 (69 FR 65462). Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances: (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 TAA petition, filed on behalf of workers at Royal Home Fashions, Plant No. 6, Henderson, North Carolina engaged in production of bedding (sheets, pillow cases, comforters, shams, etc.) was denied because it was determined that the declines in employment at the subject firm were predominantly caused by unrelated to imports circumstances. The petitioner alleges that the petitioning group of workers was in direct support of the Royal Home Fashions manufacturing facilities known as Plant No. 4 and Plant No. 2 in Henderson, North Carolina. The workers of these facilities were certified eligible for TAA on July 15, 2004 and August 24, 2004 respectively. A company official was contacted to verify whether workers at the subject facility were performing services for Plant No. 4 and Plant No. 2 during the VerDate jul<14>2003 21:04 Feb 04, 2005 Jkt 205001 relevant period. The company official stated that the subject facility serves as a distribution and warehousing facility and is in direct support of production for Plants No. 2 and No. 4 in Henderson, North Carolina. In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for alternative trade adjustment assistance (ATAA) for older workers of Royal Home Fashions, Plant No. 6, Henderson, North Carolina. The group eligibility criteria for the ATAA program that the Department must consider under Section 246 of the Trade Act are: 1. Whether a significant number of workers in the workers’ firm are 50 years of age or older. 2. Whether the workers in the workers’ firm possess skills that are not easily transferable. 3. The competitive conditions within the workers’ industry (i.e., conditions within the industry are adverse). The Department has determined that criterion 2 has not been met. The investigation revealed that the work performed by the petitioning group are easily transferable to other positions in the commuting area. Conclusion After careful review of the facts obtained in the investigation, I determine that increases of imports of articles like or directly competitive with articles produced by Royal Home Fashions, Henderson, North Carolina contributed importantly to the total or partial separation of workers and to the decline in sales or production at that firm or subdivision. In accordance with the provisions of the Act, I make the following certification: All workers of the Royal Home Fashions, Plant 6, Henderson, North Carolina who became totally or partially separated from employment on or after September 24, 2003 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 denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC, this 19th day of January, 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–461 Filed 2–4–05; 8:45 am] BILLING CODE 4510–30–P PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended, (19 U.S.C. 2273), the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA–W) number and alternative trade adjustment assistance (ATAA) by (TA–W) number issued during the periods of January 2005. In order for an affirmative determination to be made and a certification of eligibility to apply for directly-impacted (primary) worker adjustment assistance to be issued, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Section (a)(2)(A) all of the following must be satisfied: A. A significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. the sales or production, or both, of such firm or subdivision have decreased absolutely; and C. increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers’ separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. A significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. there has been a shift in production by such workers’ firm or subdivision to a foreign county of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. The country to which the workers’ firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. the country to which the workers’ firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, E:\FR\FM\07FEN1.SGM 07FEN1

Agencies

[Federal Register Volume 70, Number 24 (Monday, February 7, 2005)]
[Notices]
[Pages 6457-6458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-462]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-55,742]


Rock-Tenn Company; OTSEGO, Michigan; Notice of Affirmative 
Determination Regarding Application for Reconsideration

    By letter of December 14, 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 
Department's determination notice was signed on November 8, 2004 and 
published in the Federal Register on December 9, 2004 (69 FR 71428).
    The Department reviewed the request for reconsideration and has 
determined that the petitioner has provided additional information 
regarding subject firm's customers. 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.


[[Page 6458]]


    Signed at Washington, DC, this 25th day of January, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E5-462 Filed 2-4-05; 8:45 am]
BILLING CODE 4510-30-P