VF Intimates, LP, Johnstown, PA; Notice of Determination of Alternative Trade Adjustment Assistance on Remand, 32376 [E5-2796]
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Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Notices
Carolina. The notice will soon be
published in the Federal Register.
At the request of the State agency, the
Department reviewed the certification
for workers of the subject firm. The
workers produce finished bedding
fabrics, sheets and pillowcases.
The review shows that all workers of
Springs Industries, Inc., Grace
Fabrication Plant, Lancaster, South
Carolina, were certified eligible to apply
for adjustment assistance and
alternative trade adjustment assistance
under petition number TA–W–52,788,
which does not expire until October 7,
2005.
In order to avoid an overlap in worker
group coverage, the Department is
amending the certification for workers
of the Grace Complex to clarify that any
workers separated from the Grace
Fabrication plant through October 7,
2005 are covered by TA–W–52,788.
Thereafter (October 8, 2005 through
May 2, 2007), any worker separated
from the Fabrication Plant will be
covered by the certification for workers
of Springs Industries, Inc., Grace
Complex, Lancaster, South Carolina,
TA–W–56,993.
The amended notice applicable to
TA–W–56,993 is hereby issued as
follows:
‘‘All workers of Springs Industries Inc.,
Grace Complex, Lancaster, South Carolina,
including on-site leased workers of Phillips
Staffing, who became totally or partially
separated from employment on or after April
16, 2004 through May 2, 2007 (excluding for
the period of May 2, 2005 through October
7, 2005, workers of Springs Industries Inc.,
Grace Fabrication Plant, Lancaster, South
Carolina), 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 20th day of
May 2005.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–2803 Filed 6–1–05; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–56,943]
Sun Look Garment, Inc.; San
Francisco, CA; Notice of Termination
of Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
VerDate jul<14>2003
16:54 Jun 01, 2005
Jkt 205001
investigation was initiated on April 11,
2005 in response to a worker petition
filed on behalf of workers at Sun Look
Garment, Inc., San Francisco, California.
The petitioners have requested that
the petition be withdrawn.
Consequently, the investigation has
been terminated.
Signed at Washington, DC this 19th day of
May 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–2802 Filed 6–1–05; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–54,952]
VF Intimates, LP, Johnstown, PA;
Notice of Determination of Alternative
Trade Adjustment Assistance on
Remand
The U.S. Court of International Trade
(USCIT) granted the Department of
Labor’s motion for a voluntary remand
for further investigation in Former
Employees of VF Intimates, Inc. v.
Elaine Chao, U.S. Secretary of Labor,
No. 05–00052, on April 4, 2005.
Workers of VF Intimates, LP,
Johnstown, Pennsylvania were certified
as eligible to apply for Trade
Adjustment Assistance (TAA) on June
15, 2004. The Notice of determination
was published in the Federal Register
on April 1, 2005 (70 FR 16847). An
Amended Certification Regarding
Eligibility to Apply for Worker
Adjustment Assistance for workers of
the subject company was issued on July
21, 2004 and published in the Federal
Register on August 4, 2004 (69 FR
47184).
By letter dated September 29, 2004, a
company official requested that the
Department consider certification for
Alternative Trade Adjustment
Assistance (ATAA) for workers and
former workers covered by petition TA–
W–54,952. The request was dismissed
because the application for ATAA was
not filed with the TAA petition, as
required by the Secretary’s
interpretation of Section 246 of the
Trade Act, Training and Employment
Guidance Letter No. 2–03 (August 6,
2003). 69 FR 60904, October 13, 2004.
By letter dated January 17, 2005, the
company official appealed to the USCIT,
asserting that the Department failed to
meet certain administrative obligations
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
by not conducting an ATAA
investigation solely because the request
for ATAA was not marked. Specifically,
the company official alleges that the
Department processed an incomplete
petition, erroneously assumed that
ATAA was not requested when the
question was unmarked, and failed to
provide petitioners with assistance and
adequate opportunity to request ATAA
because the requirements for applying
are ambiguous.
Upon further consideration, the
Department has determined that it is
appropriate to investigate the workers’
eligibility for ATAA benefits, given the
circumstances as presented, in order to
effectuate the purposes of the Trade Act
of 1974, as amended.
The group eligibility certification
criteria for the ATAA program under
Section 246 the Trade Act of 1974, as
amended, established that the
Department must determine whether a
significant number of workers in the
workers’ firm are 50 years of age or
older, whether the workers in the
workers’ firm possess skills that are not
easily transferable, and whether the
competitive conditions within the
workers’ industry are adverse.
The remand investigation revealed
that at least five percent of the
workforce at the subject firm was at
least fifty years of age as of the date of
the petition (May 18, 2004), the workers
possess skills that are not easily
transferable, and competitive conditions
within the industry are adverse.
Conclusion
After careful review of the facts, 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 at VF Intimates, LP,
Johnstown, Pennsylvania, who became
totally or partially separated from
employment on or after May 18, 2003
through June 15, 2006, 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 19th day of
May, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–2796 Filed 6–1–05; 8:45 am]
BILLING CODE 4510–30–P
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[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Notices]
[Page 32376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2796]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-54,952]
VF Intimates, LP, Johnstown, PA; Notice of Determination of
Alternative Trade Adjustment Assistance on Remand
The U.S. Court of International Trade (USCIT) granted the
Department of Labor's motion for a voluntary remand for further
investigation in Former Employees of VF Intimates, Inc. v. Elaine Chao,
U.S. Secretary of Labor, No. 05-00052, on April 4, 2005.
Workers of VF Intimates, LP, Johnstown, Pennsylvania were certified
as eligible to apply for Trade Adjustment Assistance (TAA) on June 15,
2004. The Notice of determination was published in the Federal Register
on April 1, 2005 (70 FR 16847). An Amended Certification Regarding
Eligibility to Apply for Worker Adjustment Assistance for workers of
the subject company was issued on July 21, 2004 and published in the
Federal Register on August 4, 2004 (69 FR 47184).
By letter dated September 29, 2004, a company official requested
that the Department consider certification for Alternative Trade
Adjustment Assistance (ATAA) for workers and former workers covered by
petition TA-W-54,952. The request was dismissed because the application
for ATAA was not filed with the TAA petition, as required by the
Secretary's interpretation of Section 246 of the Trade Act, Training
and Employment Guidance Letter No. 2-03 (August 6, 2003). 69 FR 60904,
October 13, 2004.
By letter dated January 17, 2005, the company official appealed to
the USCIT, asserting that the Department failed to meet certain
administrative obligations by not conducting an ATAA investigation
solely because the request for ATAA was not marked. Specifically, the
company official alleges that the Department processed an incomplete
petition, erroneously assumed that ATAA was not requested when the
question was unmarked, and failed to provide petitioners with
assistance and adequate opportunity to request ATAA because the
requirements for applying are ambiguous.
Upon further consideration, the Department has determined that it
is appropriate to investigate the workers' eligibility for ATAA
benefits, given the circumstances as presented, in order to effectuate
the purposes of the Trade Act of 1974, as amended.
The group eligibility certification criteria for the ATAA program
under Section 246 the Trade Act of 1974, as amended, established that
the Department must determine whether a significant number of workers
in the workers' firm are 50 years of age or older, whether the workers
in the workers' firm possess skills that are not easily transferable,
and whether the competitive conditions within the workers' industry are
adverse.
The remand investigation revealed that at least five percent of the
workforce at the subject firm was at least fifty years of age as of the
date of the petition (May 18, 2004), the workers possess skills that
are not easily transferable, and competitive conditions within the
industry are adverse.
Conclusion
After careful review of the facts, 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 at VF Intimates, LP, Johnstown, Pennsylvania, who
became totally or partially separated from employment on or after
May 18, 2003 through June 15, 2006, 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 19th day of May, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-2796 Filed 6-1-05; 8:45 am]
BILLING CODE 4510-30-P
