Flowline Division, of Markovitz Enterprises, Inc., New Castle, PA; Flowline Division, of Markovitz Enterprises, Inc., Whiteville, NC; Notice of Determinations Regarding Application for Reconsideration, 22708-22709 [E5-2075]

Download as PDF 22708 Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Notices Adjustment Assistance for workers at DyStar LP, Charlotte, North Carolina. The application contained no new substantial information which would bear importantly on the Department’s determination. Therefore, dismissal of the application was issued. TA–W–56,372; DyStar LP, Charlotte, North Carolina (April 20, 2005) Signed at Washington, DC this 21st day of April 2005. Timothy Sullivan, Director, Division of Trade Adjustment Assistance. [FR Doc. E5–2084 Filed 4–29–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–56,873] Federal-Mogul; Blacksburg, VA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 4, 2005 in response to a petition filed on behalf of workers at Federal-Mogul, Blacksburg, Virginia. This is a duplicate petition that was initiated in error. The original petition is the subject of an ongoing investigation under petition number TA–W–56,861, initiated on March 30, 2005. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Signed at Washington, DC this 6th day of April, 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–2090 Filed 4–29–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–56,152 and TA–W–56,152A] Flowline Division, of Markovitz Enterprises, Inc., New Castle, PA; Flowline Division, of Markovitz Enterprises, Inc., Whiteville, NC; Notice of Determinations Regarding Application for Reconsideration By application of February 24, 2005 a company official requested administrative reconsideration of the Department’s negative determination VerDate jul<14>2003 19:05 Apr 29, 2005 Jkt 205001 regarding eligibility for workers and former workers of the subject firms to apply for Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA). The denial notice was signed on January 13, 2005 and published in the Federal Register on February 7, 2005 (70 FR 6459). The TAA petition, filed on behalf of workers at Flowline Division of Markovitz Enterprises, Inc., New Castle, Pennsylvania (TA–W–56,152) and Flowline Division of Markovitz Enterprises, Inc., Whiteville, North Carolina (TA–W–56,152A) engaged in production of stainless steel butt-weld fittings was denied because the criteria (a)(2)(A)(I.B) and (a)(2)(B)(II.B) Section 222 of the Trade Act of 1974 were not met. Firm’s sales and production for stainless steel butt-weld fittings increased from January through November of 2004 when compared to the same period in 2003. The firm did not shift production of stainless steel butt-weld fittings to a foreign country during the relevant period. In the request for reconsideration, the petitioner requested an additional analysis of the subject firm’s sales, production and employment during the relevant time period. The Department requested additional information regarding the dates of the separations of the workers of the subject firm in order to establish the relevant base period for sales and production. The review of the obtained information established the fact that the majority of the layoffs at Flowline Division of Markovitz Enterprises, Inc., New Castle, Pennsylvania occurred in the first quarter of 2004. Consequently, sales, production and imports for 2002 and 2003 are relevant in this case. It was further revealed that sales and production declined significantly from 2002 to 2003. Furthermore, the investigation revealed that the subject firm increased its imports of stainless steel butt-weld fittings during the relevant time period. The reconsideration established that only one worker was separated from Flowline Division of Markovitz Enterprises, Inc., Whiteville, North Carolina (TA–W–56,152A) during the relevant time period. This fact was not documented during the original investigation based on the information provided by the company official. When assessing eligibility for TAA, the Department makes its determinations based on the requirements as outlined in Section 222 of the Trade Act. The investigation revealed that Flowline Division of Markovitz Enterprises, Inc., Whiteville, PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 North Carolina did not separate or threaten to separate a significant number or proportion of workers as required by Section 222 of the Trade Act of 1974. Significant number or proportion of the workers in a firm or appropriate subdivision thereof, means that at least three workers with a workforce of fewer than 50 workers, five percent of the workers with a workforce over 50 workers, or fifty workers. As the total separated worker number was one during the relevant period, workers of Flowline Division of Markovitz Enterprises, Inc., Whiteville, North Carolina do not meet the group eligibility requirements for trade adjustment assistance. In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor 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 worker group must be certified eligible to apply for trade adjustment assistance (TAA), and the group eligibility requirements of Section 246 of the Trade Act must be met. Since the workers of Flowline Division of Markovitz Enterprises, Inc., Whiteville, North Carolina (TA–W– 56,152A) are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. The Department further determined that the requirements of Section 246 have been met for workers of Flowline Division of Markovitz Enterprises, Inc., New Castle, Pennsylvania (TA–W– 56,152). A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse. Conclusion After careful review of the facts obtained in the investigation, I determine that increases of imports of articles like or directly competitive with articles produced by Flowline Division of Markovitz Enterprises, Inc., New Castle, Pennsylvania (TA-W–56,152) contributed importantly to the total or partial separation of workers and to the decline in sales or production at that firm or subdivision. In accordance with the provisions of the Act, I make the following certification: ‘‘All workers of the Flowline Division of Markovitz Enterprises, Inc., New Castle, Pennsylvania (TA–W–56,152), who became totally or partially separated from employment on or after December 2, 2003 E:\FR\FM\02MYN1.SGM 02MYN1 Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Notices through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.’’ and; ‘‘I further determine that all workers at Flowline Division of Markovitz Enterprises, Inc., Whiteville, North Carolina (TA–W– 56,152A) are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974 and are denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.’’ Signed at Washington, DC, this 14th day of April, 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–2075 Filed 4–29–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration DEPARTMENT OF LABOR Employment And Training Administration [TA–W–56,637 and TA–W–56,637A] Oneida Ltd., Sherrill, NY, Oneida Ltd., Oneida, NY; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 25, 2005 in response to a worker petition filed by a company official on behalf of workers at Oneida Ltd., Sherrill, New York (TA–W–56,637) and Oneida Ltd. Oneida, New York (TA–W– 56,637A). The petitioner has requested that the petition be withdrawn. Consequently, further investigation would serve no purpose and the investigation has been terminated. Signed at Washington, DC this 4th day of April, 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–2089 Filed 4–29–05; 8:45 am] BILLING CODE 4510–30–P [TA–W–56,515] DEPARTMENT OF LABOR Interstate Iron Works, Whitehouse, NJ; Notice of Termination of Investigation Employment and Training Administration Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on February 7, 2005 in response to a petition filed by the State of New Jersey Trade Act Coordinator on behalf of workers at Interstate Iron Works, Whitehouse, New Jersey. The Department has been unable to locate company officials of the subject firm or to obtain the information necessary to reach a determination on worker group eligibility. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance Signed in Washington, DC, this 7th day of April, 2005. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–2085 Filed 4–29–05; 8:45 am] BILLING CODE 4510–30–P VerDate jul<14>2003 19:05 Apr 29, 2005 Jkt 205001 In accordance with Section 223 of the Trade Act of 1974, as amended, (19 U.S.C. 2273), the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA–W) number and alternative trade adjustment assistance (ATAA) by (TA–W) number issued during the periods of March 2005. In order for an affirmative determination to be made and a certification of eligibility to apply for directly-impacted (primary) worker adjustment assistance to be issued, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Section (a)(2)(A) all of the following must be satisfied: A. 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; B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 22709 C. Increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers’ separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. 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; B. There has been a shift in production by such workers’ firm or subdivision to a foreign county of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. 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; 2. The country to which the workers’ firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. 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. Also, in order for an affirmative determination to be made and a certification of eligibility to apply for worker adjustment assistance as an adversely affected secondary group to be issued, each of the group eligibility requirements of Section 222(b) of the Act must be met. (1) Significant number or proportion of the workers in the workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) The workers’ firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and (3) Either— (A) The workers’ firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph (2) accounted for at least 20 E:\FR\FM\02MYN1.SGM 02MYN1

Agencies

[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Notices]
[Pages 22708-22709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2075]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,152 and TA-W-56,152A]


Flowline Division, of Markovitz Enterprises, Inc., New Castle, 
PA; Flowline Division, of Markovitz Enterprises, Inc., Whiteville, NC; 
Notice of Determinations Regarding Application for Reconsideration

    By application of February 24, 2005 a company official requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firms to apply for Trade Adjustment Assistance (TAA) and 
Alternative Trade Adjustment Assistance (ATAA). The denial notice was 
signed on January 13, 2005 and published in the Federal Register on 
February 7, 2005 (70 FR 6459).
    The TAA petition, filed on behalf of workers at Flowline Division 
of Markovitz Enterprises, Inc., New Castle, Pennsylvania (TA-W-56,152) 
and Flowline Division of Markovitz Enterprises, Inc., Whiteville, North 
Carolina (TA-W-56,152A) engaged in production of stainless steel butt-
weld fittings was denied because the criteria (a)(2)(A)(I.B) and 
(a)(2)(B)(II.B) Section 222 of the Trade Act of 1974 were not met. 
Firm's sales and production for stainless steel butt-weld fittings 
increased from January through November of 2004 when compared to the 
same period in 2003. The firm did not shift production of stainless 
steel butt-weld fittings to a foreign country during the relevant 
period.
    In the request for reconsideration, the petitioner requested an 
additional analysis of the subject firm's sales, production and 
employment during the relevant time period.
    The Department requested additional information regarding the dates 
of the separations of the workers of the subject firm in order to 
establish the relevant base period for sales and production. The review 
of the obtained information established the fact that the majority of 
the layoffs at Flowline Division of Markovitz Enterprises, Inc., New 
Castle, Pennsylvania occurred in the first quarter of 2004. 
Consequently, sales, production and imports for 2002 and 2003 are 
relevant in this case. It was further revealed that sales and 
production declined significantly from 2002 to 2003. Furthermore, the 
investigation revealed that the subject firm increased its imports of 
stainless steel butt-weld fittings during the relevant time period.
    The reconsideration established that only one worker was separated 
from Flowline Division of Markovitz Enterprises, Inc., Whiteville, 
North Carolina (TA-W-56,152A) during the relevant time period. This 
fact was not documented during the original investigation based on the 
information provided by the company official.
    When assessing eligibility for TAA, the Department makes its 
determinations based on the requirements as outlined in Section 222 of 
the Trade Act. The investigation revealed that Flowline Division of 
Markovitz Enterprises, Inc., Whiteville, North Carolina did not 
separate or threaten to separate a significant number or proportion of 
workers as required by Section 222 of the Trade Act of 1974. 
Significant number or proportion of the workers in a firm or 
appropriate subdivision thereof, means that at least three workers with 
a workforce of fewer than 50 workers, five percent of the workers with 
a workforce over 50 workers, or fifty workers. As the total separated 
worker number was one during the relevant period, workers of Flowline 
Division of Markovitz Enterprises, Inc., Whiteville, North Carolina do 
not meet the group eligibility requirements for trade adjustment 
assistance.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department of Labor 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 worker group must be certified eligible to apply 
for trade adjustment assistance (TAA), and the group eligibility 
requirements of Section 246 of the Trade Act must be met.
    Since the workers of Flowline Division of Markovitz Enterprises, 
Inc., Whiteville, North Carolina (TA-W-56,152A) are denied eligibility 
to apply for TAA, the workers cannot be certified eligible for ATAA.
    The Department further determined that the requirements of Section 
246 have been met for workers of Flowline Division of Markovitz 
Enterprises, Inc., New Castle, Pennsylvania (TA-W-56,152). A 
significant number of workers at the firm are age 50 or over and 
possess skills that are not easily transferable. Competitive conditions 
within the industry are adverse.

Conclusion

    After careful review of the facts obtained in the investigation, I 
determine that increases of imports of articles like or directly 
competitive with articles produced by Flowline Division of Markovitz 
Enterprises, Inc., New Castle, Pennsylvania (TA-W-56,152) contributed 
importantly to the total or partial separation of workers and to the 
decline in sales or production at that firm or subdivision. In 
accordance with the provisions of the Act, I make the following 
certification:

    ``All workers of the Flowline Division of Markovitz Enterprises, 
Inc., New Castle, Pennsylvania (TA-W-56,152), who became totally or 
partially separated from employment on or after December 2, 2003

[[Page 22709]]

through two years from the date of this certification, are eligible 
to apply for adjustment assistance under Section 223 of the Trade 
Act of 1974, and are eligible to apply for alternative trade 
adjustment assistance under Section 246 of the Trade Act of 1974.''

and;

    ``I further determine that all workers at Flowline Division of 
Markovitz Enterprises, Inc., Whiteville, North Carolina (TA-W-
56,152A) are denied eligibility to apply for adjustment assistance 
under Section 223 of the Trade Act of 1974 and are denied 
eligibility to apply for alternative trade adjustment assistance 
under Section 246 of the Trade Act of 1974.''

    Signed at Washington, DC, this 14th day of April, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-2075 Filed 4-29-05; 8:45 am]
BILLING CODE 4510-30-P