Liz Claiborne, Inc., North Bergen, NJ; Notice of Revised Determination on Reconsideration, 21250-21251 [E5-1941]

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 The petitioner has requested that the petition be withdrawn.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 Federal Register / Vol. 70, No. 78 / Monday, April 25, 2005 / Notices All workers of Liz Claiborne, Inc., North Bergen, New Jersey, who became totally or partially separated from employment on or after October 5, 2003 through two years from the date of certification 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 March 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–1941 Filed 4–22–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–56,625] Longwear Hosiery Mill, Inc., Hildebran, NC; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 23, 2005 in response to a petition filed by a company official on behalf of workers at Longwear Hosiery Mill, Inc., Hildebran, North Carolina. 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. E5–1931 Filed 4–22–05; 8:45 am] BILLING CODE 4510–30–P Commutator Division, Dunn, North Carolina. The notice was published in the Federal Register on June 2, 2004 (69 FR 31136). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of commutators for fractional horsepower motors in consumer applications. New information shows that Morganite, Inc, Commutator Division became known as Energy Conversion Systems Holdings, LLC, Commutator Division, after the subject firms’ assets and operations were sold to Energy Conversion Systems Holdings, LLC in June 2004. Workers separated from employment as the subject firm had their wages reported under a separated unemployment insurance (UI) tax account for Energy Conversion Systems Holdings, LLC, Commutator Division. Accordingly, the Department is amending this certification to properly reflect this matter. The intent of the Department’s certification is to include all workers of Morganite, Inc., Commutator Division, now known as Energy Conversion Systems Holdings LLC, Commutator Division, who were adversely affected by increased imports. The amended notice applicable to TA–W–54,408 is hereby issued as follows: All workers of Morganite, Inc., Commutator Division, now known as Energy Conversion Systems Holdings LLC, Commutator Division, Dunn, North Carolina, who became totally or partially separated from employment on or after February 16, 2003, through April 23, 2006, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974. 21251 Local 2949, 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 February 4, 2005 and the Department’s Notice of determination was published in the Federal Register on March 9, 2005 (70 FR 11703). The workers of the subject company produce particleboard. The negative determination was based on the findings that subject company sales and production increased during the investigatory period, that the subject company did not have any imports of like or directly competitive products, and that the subject company did not shift particleboard production abroad. In the request for reconsideration, the petitioner alleges that particleboard production decreased during the relevant period. The Department has carefully reviewed the 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. E5–1926 Filed 4–22–05; 8:45 am] BILLING CODE 4510–30–P Employment and Training Administration Signed at Washington, DC this 8th day of April 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–1943 Filed 4–22–05; 8:45 am] [TA–W–54,408] BILLING CODE 4510–30–P [TA–W–56,274] DEPARTMENT OF LABOR Shane-Hunter, Inc., San Francisco, CA; Notice of Revised Determination on Reconsideration DEPARTMENT OF LABOR rmajette on DSK29S0YB1PROD with NOTICES Morganite, Inc., Commutator Division, Now Known as Energy Conversion Systems Holdings LLC, Commutator Division, Dunn, NC; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) the Department of Labor issued Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance on April 23, 2004, applicable to workers of Morganite, Inc., VerDate Nov<24>2008 14:51 Oct 19, 2009 Jkt 220001 Employment and Training Administration [TA–W–56,322] Roseburg Forest Products Particleboard Plant, a Subsidiary of RLC Industries, Roseburg, OR; Notice of Affirmative Determination Regarding Application for Reconsideration By letter dated March 29, 2005, the Western Council of Industrial Workers, PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 DEPARTMENT OF LABOR Employment and Training Administration On March 15, 2005, the Department issued an Affirmative Determination Regarding Application on Reconsideration applicable to workers and former workers of the subject firm. The Notice of determination will soon be published in the Federal Register. The Department initially denied Trade Adjustment Assistance (TAA) to workers of Shane-Hunter, Inc., San Francisco, California because the subject E:\TEMP\25APN1.SGM 25APN1

Agencies

[Federal Register Volume 70, Number 78 (Monday, April 25, 2005)]
[Notices]
[Pages 21250-21251]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1941]


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DEPARTMENT OF LABOR

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 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:


[[Page 21251]]


    All workers of Liz Claiborne, Inc., North Bergen, New Jersey, 
who became totally or partially separated from employment on or 
after October 5, 2003 through two years from the date of 
certification 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 March 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-1941 Filed 4-22-05; 8:45 am]
BILLING CODE 4510-30-P