Lawson-Hemphill Sales, Inc., Spartanburg, SC; Notice of Affirmative Determination Regarding Application for Reconsideration, 21250 [E5-1930]

Download as PDF 21250 Federal Register / Vol. 70, No. 78 / Monday, April 25, 2005 / Notices Signed in Washington, DC this 1st day of April 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–1927 Filed 4–22–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–56,751] Hitachi Global Storage Technologies, Inc., San Jose, CA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 11, 2005 in response to a worker petition filed by a company official on behalf of workers at Hitachi Global Storage Technologies, Inc., San Jose, California. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC this 30th day of March 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–1933 Filed 4–22–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration rmajette on DSK29S0YB1PROD with NOTICES Signed at Washington, DC, this 6th day of April 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–1930 Filed 4–22–05; 8:45 am] DEPARTMENT OF LABOR Lawson-Hemphill Sales, Inc., Spartanburg, SC; Notice of Affirmative Determination Regarding Application for Reconsideration By application of April 2, 2005, 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 determination was signed on March 3, 2005 and the Department’s Notice of determination was published in the Federal Register on April 1, 2005 (70 FR 16847). Workers were engaged in the distribution of textile testing instruments. A company official filed the petition on January 24, 2005 as a secondarilyaffected company. The petition was denied on the basis that the subject firm neither separated nor threatened to separate a significant number or 14:51 Oct 19, 2009 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. BILLING CODE 4510–30–P [TA–W–56,586] VerDate Nov<24>2008 proportion of workers at the subject facility during the relevant period. In the request for reconsideration, the petitioner alleged, and provided documentation that supports the allegation, that the subject facility is affiliated with Lawson-Hemphill, Inc., Central Falls, Rhode Island, and infers that worker separations at the subject facility are related to sales and/or production declines at LawsonHemphill, Inc., Central Falls, Rhode Island. During the initial investigation, the Department determined that the subject facility was unaffiliated with LawsonHemphill, Inc., Central Falls, Rhode Island, and thus did not inquire into whether sales and/or production declined at that facility. The Department carefully reviewed the petitioner’s request for reconsideration and has determined that the Department will conduct further investigation based on new information provided by the petitioner. Jkt 220001 Employment and Training Administration [TA–W–55,748] Liz Claiborne, Inc., North Bergen, NJ; Notice of Revised Determination on Reconsideration On March 1, 2005, the Department issued an Affirmative Determination Regarding Application for Reconsideration applicable to workers and former workers of the subject firm. The Notice of determination was published in the Federal Register on March 15, 2005 (70 FR 12737). A corrected copy of the determination (dated March 11, 2005) was published in the Federal Register on March 22, 2005 (70 FR 14484). The Department initially denied Trade Adjustment Assistance (TAA) to workers of Liz Claiborne, Inc., North Bergen, New Jersey because the subject PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 company did not import garment prototypes or samples and did not shift production of these articles abroad. In the request for reconsideration, the petitioners alleged that the subject firm shifted sample production abroad. In order to make an affirmative determination and issue a certification of eligibility to apply for Trade Adjustment Assistance, the group eligibility requirements in either paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met. It is determined in this case that the requirements of (a)(2)(B) of Section 222 have been met. During the reconsideration investigation, the Department requested additional information and clarification from the subject company and the petitioners. The reconsideration investigation revealed that the company official misunderstood what constituted a shift of production. Based on newly obtained information, the Department determined that during the relevant period, subject company domestic garment sample production levels and employment levels declined and that the subject company shifted garment sample production abroad and increased its reliance on imports of garment samples. In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department herein presents the results of its investigation regarding certification of eligibility to apply for Alternative Trade Adjustment Assistance (ATAA) for older workers. In order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of Section 246 have been met. According to the company official, a significant number of workers at the firm are age fifty or over and workers of the subject facility possess skills that are not easily transferable. Competitive conditions within the garment industry are adverse. Conclusion After careful review of the newly obtained facts obtained in the reconsideration investigation, I determine that there was a shift of garment sample production abroad followed by actual or likely increased imports of articles that are like or directly competitive with those produced by the subject firm or subdivision. In accordance with the provisions of the Act, I make the following certification: E:\TEMP\25APN1.SGM 25APN1

Agencies

[Federal Register Volume 70, Number 78 (Monday, April 25, 2005)]
[Notices]
[Page 21250]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1930]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,586]


Lawson-Hemphill Sales, Inc., Spartanburg, SC; Notice of 
Affirmative Determination Regarding Application for Reconsideration

    By application of April 2, 2005, 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 
determination was signed on March 3, 2005 and the Department's Notice 
of determination was published in the Federal Register on April 1, 2005 
(70 FR 16847). Workers were engaged in the distribution of textile 
testing instruments.
    A company official filed the petition on January 24, 2005 as a 
secondarily-affected company. The petition was denied on the basis that 
the subject firm neither separated nor threatened to separate a 
significant number or proportion of workers at the subject facility 
during the relevant period.
    In the request for reconsideration, the petitioner alleged, and 
provided documentation that supports the allegation, that the subject 
facility is affiliated with Lawson-Hemphill, Inc., Central Falls, Rhode 
Island, and infers that worker separations at the subject facility are 
related to sales and/or production declines at Lawson-Hemphill, Inc., 
Central Falls, Rhode Island.
    During the initial investigation, the Department determined that 
the subject facility was unaffiliated with Lawson-Hemphill, Inc., 
Central Falls, Rhode Island, and thus did not inquire into whether 
sales and/or production declined at that facility.
    The Department carefully reviewed the petitioner's request for 
reconsideration and has determined that the Department will conduct 
further investigation based on new information provided by the 
petitioner.

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 at Washington, DC, this 6th day of April 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-1930 Filed 4-22-05; 8:45 am]
BILLING CODE 4510-30-P

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