Tower Automotive Milwaukee, LLC, Milwaukee Business Unit, a Division of Tower Automotive, Inc., Milwaukee, WI; Negative Determination Regarding Application for Reconsideration, 25852-25853 [E5-2426]

Download as PDF 25852 Federal Register / Vol. 70, No. 93 / Monday, May 16, 2005 / Notices that Roseburg respond to the petitioner’s allegation. According to the company officials, the decline in the fourth quarter of 2004 was a seasonal decline due to difficulties of the building trades during extremely harsh winter conditions. Further, workers who were separated during the building lull are usually re-hired once the orders increase as the weather becomes less inclement. The Department conducts its petition investigations for the one year period prior to the date of the petition. In this case the petition for workers of Roseburg Forest Products Particleboard Plant, Roseburg, Oregon, was dated January 11, 2005. Although the company concurs that there was decline in production during the forth quarter of 2004, during the full year 2004 both sales and production at the subject firm increased. Conclusion After reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Roseburg Forest Products, Particleboard Plant, a Subsidiary of RLC Industries, Roseburg, Oregon. Signed at Washington, DC, this 6th day of May 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–2425 Filed 5–13–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–56,917] S&H Precision Mfg. Co. Inc.; Newmarket, NH; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 7, 2005 in response to a petition filed by a company official on behalf of workers at S&H Precision Mfg. Co. Inc., Newmarket, New Hampshire. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. VerDate jul<14>2003 16:37 May 13, 2005 Jkt 205001 Signed at Washington, DC, this 25th day of April, 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–2431 Filed 5–13–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–56,369] Tower Automotive Milwaukee, LLC, Milwaukee Business Unit, a Division of Tower Automotive, Inc., Milwaukee, WI; Negative Determination Regarding Application for Reconsideration By application of April 13, 2005, a petitioner requested administrative reconsideration of the Department’s negative determination regarding eligibility to apply for Trade Adjustment Assistance (TAA), applicable to workers and former workers of the subject firm. The denial notice was signed on March 15, 2005, and was published in the Federal Register on May 2, 2005 (70FR 22710). 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 mis-interpretation of facts or of the law justified reconsideration of the decision. The petition for the workers of Tower Automotive Milwaukee, LLC, Milwaukee Business Unit, a Division of Tower Automotive, Inc., Milwaukee, Wisconsin engaged in production of automotive stampings and frames was denied because the ‘‘contributed importantly’’ group eligibility requirement of Section 222 of the Trade Act of 1974, as amended, was not met, nor was there a shift in production from that firm to a foreign country. The ‘‘contributed importantly’’ test is generally demonstrated through a survey of the workers’ firm’s customers. The survey revealed no increase in imports of automotive stampings and frames during the relevant period. The subject firm did not import automotive stampings or frames in the relevant period. PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 The petitioner alleges that the subject firm is planning to move production of the Dodge RAM light truck frame assembly ‘‘from Milwaukee to Tower Automotive’s joint venture partner’’ in Mexico in mid-2005. An official of Tower Automotive was contacted in regards to this allegation. The company official stated that Tower Automotive is not ‘‘shifting its production of Dodge RAM light truck frame assembly from Milwaukee to Mexico.’’ Tower Automotive will no longer be producing the Dodge RAM light truck frame beginning with the 2006 model year in Milwaukee or anywhere else. The production will end during the period of June 29, 2005 to July 12, 2005. The official further stated that Dodge RAM light truck frame will, however, be produced in Mexico by a different company for the subject firm’s customer. It was further revealed that the production of the frame in Mexico by the other company will approximately coincide with when Tower Automotive ceases production of the frame in Milwaukee. The Department considers import impact for the relevant period of the investigation, which is the one year prior to the date of the petition. In this case, the petition was dated January 19, 2005, and events that may occur in June-July of 2005 are outside of the scope of the investigation. As noted above, the petition investigation determined that there were no increased imports of automotive stampings and frames during the relevant time period. The petitioner further states that the subject firm’s customers are importing automotive stampings and frames and, thus, these imports have contributed to the threat of separation of workers of the subject firm. As a proof, the petitioner attached correspondence and a Bill of Lading for ‘‘Body autoparts chassis’’ dated January 11, 2005, showing Mexico as the point of origin of the parts. A Tower Automotive official for the Milwaukee facility confirmed that its customer has been purchasing frames from Mexico. For convenience, the customer is shipping them to its domestic assembly plant through Tower Automotive’s sequencing center. The review of the investigation file for this petition confirmed that this declining customer is indeed importing automotive stampings and frames. However, the survey shows a decrease in import purchases of automotive stampings and frames and an increase in purchases from the subject firm during the relevant period. The petitioner is encouraged to file a new petition should conditions change. E:\FR\FM\16MYN1.SGM 16MYN1 Federal Register / Vol. 70, No. 93 / Monday, May 16, 2005 / Notices 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 at Washington, DC, this 5th day of May, 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–2426 Filed 5–13–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–56,728] Alcan Packaging, Including Leased Workers of HTSS, Allied Personnel Services, Aerotek, On Assignment (Lab Support), Barton Associates, Synerfac Technical Staffing, Remedy Intelligent Staffing, Accountemps, Office Team, Kelly Services, Manpower, and Centrix, Bethlehem, PA; Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on April 20, 2005, applicable to workers of Alcan Packaging, including leased workers of HTSS, Allied Personnel Services, Aerotek, On Assignment (Lab Support), Barton Associates, Synerfac Technical Staffing, Remedy Intelligent Staffing, Accountemps and Office Team, Bethlehem, Pennsylvania. The notice will be published soon in the Federal Register. At the request of the State agency, the Department reviewed the certification for workers of the subject firm. New information shows that leased workers of Kelly Services, Manpower and Centrix were employed at the Bethlehem, Pennsylvania location of Alcan Packaging. Based on these findings, the Department is amending this certification to include leased workers of Kelly Services, Manpower and Centrix working at Alcan Packaging, Bethlehem, Pennsylvania. VerDate jul<14>2003 16:37 May 13, 2005 Jkt 205001 The intent of the Department’s certification is to include all workers employed at Alcan Packaging Company who were adversely affected by a shift in production to Canada. The amended notice applicable to TAW–56,728 is hereby issued as follows: All workers of Alcan Packaging, Bethlehem, Pennsylvania, including on-site leased workers from HTSS, Aerotek, On Assignment (Lab Support), Barton Associated, Synerfac Technical Staffing, Remedy Intelligent Staffing, Accountemps, Office Team, Kelly Services, Manpower, and Centrix, who became totally or partially separated from employment on or after March 9, 2004, through September 20, 2007, 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 at Washington, DC, this 29th day of April, 2005. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–2406 Filed 5–13–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–57,037] Ametek, U.S. Gauge; Bartow, FL; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 25, 2005 in response to a petition filed by a company official on behalf of workers at Ametek, U.S. Gauge, Bartow, Florida. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 28th day of April, 2005. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–2421 Filed 5–13–05; 8:45 am] BILLING CODE 4510–30–P PO 00000 25853 DEPARTMENT OF LABOR Employment and Training Administration [TA–W–56,708] AVX Corporation, Subsidiary of Kyocera Corporation, Including OnSite Leased Workers of Express Personnel Services, Raleigh, NC; Notice of Revised Determination on Reconsideration of Alternative Trade Adjustment Assistance By letter dated April 25, 2005, the United Steel Workers of America, Local 1028T requested administrative reconsideration regarding Alternative Trade Adjustment Assistance (ATAA) applicable to workers of the subject firm. The negative determination was signed on March 25, 2005, and amended on April 25, 2005, and will soon be published in the Federal Register. The workers of AVX Corporation, subsidiary of Kyocera Corporation, including on-site leased workers of Express Personnel Services, Raleigh, North Carolina were certified eligible to apply for Trade Adjustment Assistance (TAA) on March 25, 2005. The initial ATAA investigation determined that the skills of the subject worker group are easily transferable to other positions in the local area. The petitioner provided additional information regarding the skills of the workers of the subject firm and the current situation in the electronics industry in the local area. Upon further contacts with the company official it was confirmed that the skills of the workers at the subject firm are not easily transferable in the local commuting area. Additional investigation has determined that the workers possess skills that are not easily transferable. A significant number or proportion of the worker group are age fifty years or over. Competitive conditions within the industry are adverse. Conclusion After careful review of the additional facts obtained on reconsideration, I conclude that the requirements of Section 246 of the Trade Act of 1974, as amended, have been met for workers at the subject firm. In accordance with the provisions of the Act, I make the following certification: All workers of AVX Corporation, subsidiary of Kyocera Corporation, including on-site leased workers of Express Personnel Services, Raleigh, North Carolina, who became totally or partially separated from employment on or after March 8, 2004 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\16MYN1.SGM 16MYN1

Agencies

[Federal Register Volume 70, Number 93 (Monday, May 16, 2005)]
[Notices]
[Pages 25852-25853]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2426]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,369]


Tower Automotive Milwaukee, LLC, Milwaukee Business Unit, a 
Division of Tower Automotive, Inc., Milwaukee, WI; Negative 
Determination Regarding Application for Reconsideration

    By application of April 13, 2005, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on March 15, 2005, and was 
published in the Federal Register on May 2, 2005 (70FR 22710).
    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 mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The petition for the workers of Tower Automotive Milwaukee, LLC, 
Milwaukee Business Unit, a Division of Tower Automotive, Inc., 
Milwaukee, Wisconsin engaged in production of automotive stampings and 
frames was denied because the ``contributed importantly'' group 
eligibility requirement of Section 222 of the Trade Act of 1974, as 
amended, was not met, nor was there a shift in production from that 
firm to a foreign country.
    The ``contributed importantly'' test is generally demonstrated 
through a survey of the workers' firm's customers. The survey revealed 
no increase in imports of automotive stampings and frames during the 
relevant period. The subject firm did not import automotive stampings 
or frames in the relevant period.
    The petitioner alleges that the subject firm is planning to move 
production of the Dodge RAM light truck frame assembly ``from Milwaukee 
to Tower Automotive's joint venture partner'' in Mexico in mid-2005.
    An official of Tower Automotive was contacted in regards to this 
allegation. The company official stated that Tower Automotive is not 
``shifting its production of Dodge RAM light truck frame assembly from 
Milwaukee to Mexico.'' Tower Automotive will no longer be producing the 
Dodge RAM light truck frame beginning with the 2006 model year in 
Milwaukee or anywhere else. The production will end during the period 
of June 29, 2005 to July 12, 2005. The official further stated that 
Dodge RAM light truck frame will, however, be produced in Mexico by a 
different company for the subject firm's customer. It was further 
revealed that the production of the frame in Mexico by the other 
company will approximately coincide with when Tower Automotive ceases 
production of the frame in Milwaukee.
    The Department considers import impact for the relevant period of 
the investigation, which is the one year prior to the date of the 
petition. In this case, the petition was dated January 19, 2005, and 
events that may occur in June-July of 2005 are outside of the scope of 
the investigation. As noted above, the petition investigation 
determined that there were no increased imports of automotive stampings 
and frames during the relevant time period.
    The petitioner further states that the subject firm's customers are 
importing automotive stampings and frames and, thus, these imports have 
contributed to the threat of separation of workers of the subject firm. 
As a proof, the petitioner attached correspondence and a Bill of Lading 
for ``Body autoparts chassis'' dated January 11, 2005, showing Mexico 
as the point of origin of the parts.
    A Tower Automotive official for the Milwaukee facility confirmed 
that its customer has been purchasing frames from Mexico. For 
convenience, the customer is shipping them to its domestic assembly 
plant through Tower Automotive's sequencing center.
    The review of the investigation file for this petition confirmed 
that this declining customer is indeed importing automotive stampings 
and frames. However, the survey shows a decrease in import purchases of 
automotive stampings and frames and an increase in purchases from the 
subject firm during the relevant period.
    The petitioner is encouraged to file a new petition should 
conditions change.

[[Page 25853]]

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 at Washington, DC, this 5th day of May, 2005.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-2426 Filed 5-13-05; 8:45 am]
BILLING CODE 4510-30-P