Aladdin Industries, LLC, Corporate Headquarters, Nashville, TN; Notice of Negative Determination Regarding Application for Reconsideration, 8824 [E5-700]
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8824
Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Notices
The last notification was filed with
the Department on October 8, 2004. A
notice was published in the Federal
Register pursuant to section 6(b) of the
Act on December 3, 2004 (69 FR 70284).
Dorothy B. Fountain,
Deputy Director of Operations, Antitrust
Division.
[FR Doc. 05–3436 Filed 2–22–05; 8:45 am]
BILLING CODE 4410–11–M
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–56,181]
Aladdin Industries, LLC, Corporate
Headquarters, Nashville, TN; Notice of
Negative Determination Regarding
Application for Reconsideration
By application of January 19, 2005,
the company official 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 Alternate Trade Adjustment
Assistance (ATAA). The negative
determination was signed on January 4,
2005, and will soon be published in the
Federal Register.
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.
The request for reconsideration
asserts that the workers subject of this
petition worked alongside, and should
be treated the same as, workers of
Aladdin Industries, LLC, Nashville,
Tennessee, who were previously
certified eligible to apply for the TAA
under petition number TA–W–41,514.
The certification for TA–W–41,514
was issued on July 18, 2002, and
provided coverage to workers engaged
in employment related to the
production of hot and cold insulated
products, including thermos bottles and
beverages mugs, who became totally or
partially separated from employment on
or after April 19, 2001, through July 18,
2004. The certification was based on the
VerDate jul<14>2003
16:28 Feb 22, 2005
Jkt 205001
findings that sales, production, and
employment declined during the period
under investigation (2000, 2001 and
January through March 2002). During
that same time period company imports
of thermos bottles and beverage mugs
increased.
The petition for TA–W–56,181,
initiated on December 8, 2004, was filed
by a company official on behalf of
workers of the Corporate Headquarters
of Aladdin Industries, Nashville,
Tennessee. The company had sold the
firm and production ceased on August
2, 2002. For more than one year prior to
the date of the petition, the subject
company did not produce any article at
its Nashville, Tennessee facility. The
investigation found that the corporate
headquarters worker group was engaged
in closing out the remaining business.
Specifically, the activities at corporate
headquarters consisted of accounting,
employee benefits (insurance and
pension), and clearing out and selling
machinery.
The petition was denied because the
firm did not produce an article within
the meaning of Section 222(a)(2) of the
Trade Act. Furthermore, the workers did
not support production at an affiliated
facility whose workers independently
met the statutory criteria for TAA
certification since Aladdin Industries,
LLC ceased production in August 2002,
more than one year prior to the petition
date (December 1, 2004). Therefore, the
Department determined that the
corporate headquarters worker group
cannot be certified as eligible to apply
for adjustment assistance.
In order for the Department to issue
a certification of eligibility to apply for
ATAA, the subject worker group must
be certified eligible to apply for trade
adjustment assistance TAA. Since the
workers are denied eligibility to apply
for TAA, the worker group cannot be
certified eligible for ATAA.
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 3rd day of
February, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–700 Filed 2–22–05; 8:45 am]
BILLING CODE 4510–30–P
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DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–56,343]
Dorby Group aka Dorby Frocks Ltd.
New York, NY; Notice of Termination of
Investigation
Pursuant to section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on January
14, 2004, in response to a petition filed
on behalf of workers at Dorby Group,
AKA Dorby Frocks LTD., New York,
New York.
The Department of Labor issued a
negative determination applicable to the
petitioning group of workers on January
21, 2005 (TA–W–56,240). No new
information or change in circumstances
is evident which would result in a
reversal of the Department’s previous
determination. Consequently, further
investigation would serve no purpose,
and the investigation has been
terminated.
Signed in Washington, DC, this 1st day of
February, 2005.
Richard Church,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–711 Filed 2–22–05; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Investigations Regarding Certifications
for Eligibility To Apply for Worker
Adjustment Assistance
Petitions have been filed with the
Secretary of Labor under section 221(a)
of the Trade Act of 1974 (‘‘the Act’’) and
are identified in the Appendix to this
notice. Upon receipt of these petitions,
the Director of the Division of Trade
Adjustment Assistance, Employment
and Training Administration, has
instituted investigations pursuant to
section 221(a) of the Act.
The purpose of each of the
investigations is to determine whether
the workers are eligible to apply for
adjustment assistance under Title II,
Chapter 2, of the Act. The investigations
will further relate, as appropriate, to the
determination of the date on which total
or partial separations began or
threatened to begin and the subdivision
of the firm involved.
The petitioners or any other persons
showing a substantial interest in the
subject matter of the investigations may
E:\FR\FM\23FEN1.SGM
23FEN1
]]>Agencies
[Federal Register Volume 70, Number 35 (Wednesday, February 23, 2005)]
[Notices]
[Page 8824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-700]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-56,181]
Aladdin Industries, LLC, Corporate Headquarters, Nashville, TN;
Notice of Negative Determination Regarding Application for
Reconsideration
By application of January 19, 2005, the company official 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
Alternate Trade Adjustment Assistance (ATAA). The negative
determination was signed on January 4, 2005, and will soon be published
in the Federal Register.
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.
The request for reconsideration asserts that the workers subject of
this petition worked alongside, and should be treated the same as,
workers of Aladdin Industries, LLC, Nashville, Tennessee, who were
previously certified eligible to apply for the TAA under petition
number TA-W-41,514.
The certification for TA-W-41,514 was issued on July 18, 2002, and
provided coverage to workers engaged in employment related to the
production of hot and cold insulated products, including thermos
bottles and beverages mugs, who became totally or partially separated
from employment on or after April 19, 2001, through July 18, 2004. The
certification was based on the findings that sales, production, and
employment declined during the period under investigation (2000, 2001
and January through March 2002). During that same time period company
imports of thermos bottles and beverage mugs increased.
The petition for TA-W-56,181, initiated on December 8, 2004, was
filed by a company official on behalf of workers of the Corporate
Headquarters of Aladdin Industries, Nashville, Tennessee. The company
had sold the firm and production ceased on August 2, 2002. For more
than one year prior to the date of the petition, the subject company
did not produce any article at its Nashville, Tennessee facility. The
investigation found that the corporate headquarters worker group was
engaged in closing out the remaining business. Specifically, the
activities at corporate headquarters consisted of accounting, employee
benefits (insurance and pension), and clearing out and selling
machinery.
The petition was denied because the firm did not produce an article
within the meaning of Section 222(a)(2) of the Trade Act. Furthermore,
the workers did not support production at an affiliated facility whose
workers independently met the statutory criteria for TAA certification
since Aladdin Industries, LLC ceased production in August 2002, more
than one year prior to the petition date (December 1, 2004). Therefore,
the Department determined that the corporate headquarters worker group
cannot be certified as eligible to apply for adjustment assistance.
In order for the Department to issue a certification of eligibility
to apply for ATAA, the subject worker group must be certified eligible
to apply for trade adjustment assistance TAA. Since the workers are
denied eligibility to apply for TAA, the worker group cannot be
certified eligible for ATAA.
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 3rd day of February, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-700 Filed 2-22-05; 8:45 am]
BILLING CODE 4510-30-P
