Creo Americas, Inc., U.S. Headquarters, a Subsidiary of Creo, Inc., Billerica, MA; Notice of Revised Determination on Remand, 21247 [E5-1932]

Download as PDF Federal Register / Vol. 70, No. 78 / Monday, April 25, 2005 / Notices DEPARTMENT OF LABOR Employment and Training Administration [TA–W–56,536, TA–W–56,536A, and TA–W– 56,536B] Butler Manufacturing Company, Subsidiary of Bluescope Steel, LTD, Buildings Division, Wall and Roof Panels Production, Galesburg, IL; Buildings Division, Trim and Components Production, Galesburg, IL; Buildings Division, Secondaries Production, Galesburg, IL; Notice of Affirmative Determination Regarding Application for Reconsideration By application of April 1, 2005, members of the subject worker group 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 was signed on March 2, 2005 and the Notice of determination was published in the Federal Register on April 1, 2005 (70 FR 16847). The workers produced parts for pre-engineered metal buildings systems. Workers are separately identifiable by product line. The petition was denied because the subject firm did not shift production abroad and there were no increased imports by the subject company or its customers during the relevant period. The request for reconsideration alleges that the workers are not separately identifiable by product line, that the subject firm will shift of production to India and China in May/ June 2005 and import pre-engineered metal buildings from those facilities, that the shift to Mexico will continue, and that the subject firm has increased imports from Mexico, Australia, China and India. The Department has carefully reviewed the petitioner’s request for reconsideration and shall further investigate the matter based on new information provided by the petitioners. rmajette on DSK29S0YB1PROD with NOTICES 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 Nov<24>2008 14:51 Oct 19, 2009 Jkt 220001 Signed at Washington, DC, this 6th day of April 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–1928 Filed 4–22–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–55,607] Creo Americas, Inc., U.S. Headquarters, a Subsidiary of Creo, Inc., Billerica, MA; Notice of Revised Determination on Remand On February 22, 2005, the United States Court of International Trade (USCIT) granted the Department’s motion for voluntary remand for further investigation in Former Employees of Creo Americas, Inc. v. U.S. Secretary of Labor (Court No. 05–0021). The Department’s denial of the initial petition for Trade Adjustment Assistance (TAA) was issued on October 20, 2004. The Notice of determination was published in the Federal Register on November 12, 2004 (69 FR 65462). The negative determination was based on the finding that the predominant cause of separations at the subject facility was the consolidation of administrative and support functions to the subject firm’s corporate headquarters in Canada. Administrative reconsideration was not requested. By letter dated January 8, 2005, the petitioner filed an appeal with the USCIT, alleging that worker separations were due to the subject firm’s shift of production to Canada. In order to carry out the intent of the statute and to safeguard the interests of the petitioners, the Department requested, and was granted, a voluntary remand to further investigate the matter. During the remand investigation, the Department raised additional questions and obtained detailed supplemental responses from the company. In particular, the new information provided by the company officials revealed that the subject firm is an integrated organization which coordinates all activities at the subject facility and that the subject worker group supported domestic subject firm production, including the subject firm’s production facility in Lynwood, Washington (TA–W–55,165; certified on July 12, 2004) during 2003 and January through September 2004. PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 21247 The Department also investigated whether Creo Americas, Inc., Creo Seattle Division, A Subsidiary of Creo, Inc., Lynwood, Washington was TAAcertifiable during the relevant period. The investigation revealed that the Lynwood, Washington facility experienced a shift of production to Canada during the relevant period and that the shift of production contributed importantly to the employment declines at the subject facility. Conclusion After careful review of the newlyobtained facts generated during the remand investigation, I determine that a shift of production contributed importantly to the total or partial separation of workers at the subject facility. In accordance with the provisions of the Act, I make the following certification: All workers of Creo Americas, Inc., U.S. Headquarters, A Subsidiary of Creo, Inc., Billerica, Massachusetts, who became totally or partially separated from employment on or after September 7, 2003, through two years from the issuance of this determination, are eligible to apply for Trade Adjustment Assistance under Section 223 of the Trade Act of 1974. Signed at Washington, DC this 5th day of April 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–1932 Filed 4–22–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–55,826] Dendrite International Stroudsburg, PA; Notice of Negative Determination on Reconsideration On January 31, 2005, the Department of Labor issued its Notice of Affirmative Determination Regarding Application for Reconsideration for workers and former workers of the subject firm. The Department’s Notice was published in the Federal Register on February 22, 2005 (70 FR 8638). The Department’s initial determination was issued on the basis that the workers did not produce an article within the meaning of section 222(a)(2) of the Trade Act. In the request for reconsideration, the petitioner alleged that the workers produced an article, licensed pharmaceutical sales software sold in a physical medium, such as CD–ROM. E:\TEMP\25APN1.SGM 25APN1

Agencies

[Federal Register Volume 70, Number 78 (Monday, April 25, 2005)]
[Notices]
[Page 21247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1932]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-55,607]


Creo Americas, Inc., U.S. Headquarters, a Subsidiary of Creo, 
Inc., Billerica, MA; Notice of Revised Determination on Remand

    On February 22, 2005, the United States Court of International 
Trade (USCIT) granted the Department's motion for voluntary remand for 
further investigation in Former Employees of Creo Americas, Inc. v. 
U.S. Secretary of Labor (Court No. 05-0021).
    The Department's denial of the initial petition for Trade 
Adjustment Assistance (TAA) was issued on October 20, 2004. The Notice 
of determination was published in the Federal Register on November 12, 
2004 (69 FR 65462).
    The negative determination was based on the finding that the 
predominant cause of separations at the subject facility was the 
consolidation of administrative and support functions to the subject 
firm's corporate headquarters in Canada.
    Administrative reconsideration was not requested.
    By letter dated January 8, 2005, the petitioner filed an appeal 
with the USCIT, alleging that worker separations were due to the 
subject firm's shift of production to Canada. In order to carry out the 
intent of the statute and to safeguard the interests of the 
petitioners, the Department requested, and was granted, a voluntary 
remand to further investigate the matter.
    During the remand investigation, the Department raised additional 
questions and obtained detailed supplemental responses from the 
company. In particular, the new information provided by the company 
officials revealed that the subject firm is an integrated organization 
which coordinates all activities at the subject facility and that the 
subject worker group supported domestic subject firm production, 
including the subject firm's production facility in Lynwood, Washington 
(TA-W-55,165; certified on July 12, 2004) during 2003 and January 
through September 2004.
    The Department also investigated whether Creo Americas, Inc., Creo 
Seattle Division, A Subsidiary of Creo, Inc., Lynwood, Washington was 
TAA-certifiable during the relevant period. The investigation revealed 
that the Lynwood, Washington facility experienced a shift of production 
to Canada during the relevant period and that the shift of production 
contributed importantly to the employment declines at the subject 
facility.

Conclusion

    After careful review of the newly-obtained facts generated during 
the remand investigation, I determine that a shift of production 
contributed importantly to the total or partial separation of workers 
at the subject facility. In accordance with the provisions of the Act, 
I make the following certification:

    All workers of Creo Americas, Inc., U.S. Headquarters, A 
Subsidiary of Creo, Inc., Billerica, Massachusetts, who became 
totally or partially separated from employment on or after September 
7, 2003, through two years from the issuance of this determination, 
are eligible to apply for Trade Adjustment Assistance under Section 
223 of the Trade Act of 1974.

    Signed at Washington, DC this 5th day of April 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-1932 Filed 4-22-05; 8:45 am]
BILLING CODE 4510-30-P

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