Venture Industries, Lancaster Ohio Plant, Lancaster, OH; Notice of Negative Determination Regarding Application for Reconsideration, 8829 [E5-698]
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Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices
Signed in Washington, DC, this 19th day of
January, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–699 Filed 2–22–05; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–54,796]
Venture Industries, Lancaster Ohio
Plant, Lancaster, OH; Notice of
Negative Determination Regarding
Application for Reconsideration
By application dated July 19, 2004, a
petitioner requested administrative
reconsideration of the Department’s
negative determination regarding the
eligibility for workers of Venture
Industries to apply for trade adjustment
assistance. The denial notice applicable
to workers of the subject firm located
Lancaster, Ohio, was signed on June 25,
2004, and was published in the Federal
Register on August 3, 2004 (69 FR
46574).
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 misinterpretation of facts or of
the law justified reconsideration of the
decision.
In the request for reconsideration of
the petition denial, the petitioner claims
that worker separations were ‘‘due to
the circumstances of the Venture
Pegaform plant in Germany being in
financial trouble, profits from the
American plants were used to help get
this facility back to where it could turn
a profit, therefore leaving the American
Venture Plants in financial trouble.’’
The petitioner adds that the money used
for the Venture Pegaform plant in
Germany could have kept the Lancaster,
Ohio plant open.
In order for the workers of the subject
firm to be certified eligible to apply for
trade adjustment assistance, the worker
group eligibility requirements of section
222 of the Trade Act of 1974, as
amended, must be met.
(1) A significant number or proportion of
the workers in such workers’ firm, or an
VerDate jul<14>2003
16:28 Feb 22, 2005
Jkt 205001
appropriate subdivision of the firm, have
become totally or partially separated, or are
threatened to become totally or partially
separated; and
(2)(A)(i) The sales or production, or both,
of such firm or subdivision have decreased
absolutely;
(ii) Imports of articles like or directly
competitive with articles produced by such
firm or subdivision have increased; and
(iii) The increase in imports described in
clause (ii) contributed importantly to such
workers’ separation or threat of separation
and to the decline in the sales or production
of such firm or subdivision; or
(B)(i) There has been a shift in production
by such workers’ firm or subdivision to a
foreign country of articles like or directly
competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) 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;
(II) The country to which the workers’ firm
has shifted production of the articles is a
beneficiary country under the Andean Trade
Preference Act, African Growth and
Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III) There has been or is likely to be an
increase in imports of articles that are like or
directly competitive with articles which are
or were produced by such firm or
subdivision.
The worker group eligibility
requirements described above does not
contain a provision for a shift of profits
from a U.S. firm to a firm in a foreign
country.
The workers of Venture Industries,
Lancaster Ohio Plant, Lancaster, Ohio,
produced sheet/fiberglass molding
compound for exterior automotive parts.
The Department’s initial investigation
determined that during the relevant
period (from 2002 through April 2004)
there were no imports by the firm or its
customers of like or directly competitive
products. Furthermore, the subject firm
did not shift production of sheet/
fiberglass molding compound from the
Lancaster, Ohio plant to a foreign
country.
Conclusion
After review of the application and
investigative findings, I conclude that
there has been no error or
misinterpretation of the law or of the
facts which would justify
reconsideration of the Department of
Labor’s prior decision. Accordingly, the
application is denied.
Signed in Washington, DC, this 22nd day
of December, 2004.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–698 Filed 2–22–05; 8:45 am]
BILLING CODE 4510–30–P
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DEPARTMENT OF LABOR
Employment and Training
Administration
Trade Adjustment Assistance
Program: Training and Employment
Guidance Letter
The Employment and Training
Administration interprets Federal law
requirements pertaining to Trade
Adjustment Assistance (TAA). These
interpretations are issued in Training
and Employment Guidance Letters
(TEGLs) to the State Workforce
Agencies. The TEGL described below is
published in the Federal Register in
order to inform the public.
TEGL 2–03, Change 1, clarifies the
interim operating instructions published
in TEGL 2–03, and TEGL 2–03, Change
2, amends operating instructions issued
in TEGL 2–03 and TEGL 2–03, Change
1.
TEGL 2–03 Change 1
TEGL 2–03 provided interim
operating instructions for states to use
in implementing the ATAA program.
TEGL 2–03, Change 1, provides answers
to questions the Department received
concerning the operation of the ATAA
program. The attachment restates the
questions raised and provides the
answers to those questions.
TEGL 2–03, Change 2
This TEGL modifies TEGL 2–03 and
TEGL 2–03, Change 1, to allow certain
certified worker groups to apply for
ATAA retroactively. This will include
workers who filed a petition using a
form that did not include an
opportunity to indicate whether or not
the petitioner wished to request ATAA
certification, and who either had a
petition in process on August 6, 2003,
or filed a petition on or after that date.
The instructions in TEGL 2–03,
Change 1 and Change 2, are issued to
the states and the cooperating state
workforce agencies (SWAs) as guidance
provided by the U.S. Department of
Labor in its role as the principal in the
TAA program. As agents of the
Secretary of Labor, the states and
cooperating SWAs may not vary from
the instructions in TEGL 2–03, Change
1 and Change 2, without prior approval
from the Department.
Dated: February 16, 2005.
Emily Stover DeRocco,
Assistant Secretary of Labor.
BILLING CODE 4310–30–M
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8829
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[Federal Register Volume 70, Number 35 (Wednesday, February 23, 2005)]
[Notices]
[Page 8829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-698]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-54,796]
Venture Industries, Lancaster Ohio Plant, Lancaster, OH; Notice
of Negative Determination Regarding Application for Reconsideration
By application dated July 19, 2004, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding the eligibility for workers of Venture
Industries to apply for trade adjustment assistance. The denial notice
applicable to workers of the subject firm located Lancaster, Ohio, was
signed on June 25, 2004, and was published in the Federal Register on
August 3, 2004 (69 FR 46574).
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
misinterpretation of facts or of the law justified reconsideration of
the decision.
In the request for reconsideration of the petition denial, the
petitioner claims that worker separations were ``due to the
circumstances of the Venture Pegaform plant in Germany being in
financial trouble, profits from the American plants were used to help
get this facility back to where it could turn a profit, therefore
leaving the American Venture Plants in financial trouble.'' The
petitioner adds that the money used for the Venture Pegaform plant in
Germany could have kept the Lancaster, Ohio plant open.
In order for the workers of the subject firm to be certified
eligible to apply for trade adjustment assistance, the worker group
eligibility requirements of section 222 of the Trade Act of 1974, as
amended, must be met.
(1) 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; and
(2)(A)(i) The sales or production, or both, of such firm or
subdivision have decreased absolutely;
(ii) Imports of articles like or directly competitive with
articles produced by such firm or subdivision have increased; and
(iii) The increase in imports described in clause (ii)
contributed importantly to such workers' separation or threat of
separation and to the decline in the sales or production of such
firm or subdivision; or
(B)(i) There has been a shift in production by such workers'
firm or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by such firm
or subdivision; and
(ii)(I) 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;
(II) The country to which the workers' firm has shifted
production of the articles is a beneficiary country under the Andean
Trade Preference Act, African Growth and Opportunity Act, or the
Caribbean Basin Economic Recovery Act; or
(III) There has been or is likely to be an increase in imports
of articles that are like or directly competitive with articles
which are or were produced by such firm or subdivision.
The worker group eligibility requirements described above does not
contain a provision for a shift of profits from a U.S. firm to a firm
in a foreign country.
The workers of Venture Industries, Lancaster Ohio Plant, Lancaster,
Ohio, produced sheet/fiberglass molding compound for exterior
automotive parts. The Department's initial investigation determined
that during the relevant period (from 2002 through April 2004) there
were no imports by the firm or its customers of like or directly
competitive products. Furthermore, the subject firm did not shift
production of sheet/fiberglass molding compound from the Lancaster,
Ohio plant to a foreign country.
Conclusion
After review of the application and investigative findings, I
conclude that there has been no error or misinterpretation of the law
or of the facts which would justify reconsideration of the Department
of Labor's prior decision. Accordingly, the application is denied.
Signed in Washington, DC, this 22nd day of December, 2004.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-698 Filed 2-22-05; 8:45 am]
BILLING CODE 4510-30-P
