UITS Support Center, A Division Of NBC Universal, Universal City, CA; Notice of Negative Determination Regarding Application for Reconsideration, 46191-46192 [E5-4293]

Download as PDF Federal Register / Vol. 70, No. 152 / Tuesday, August 9, 2005 / Notices to better understand the operations of the subject worker group and to obtain information which will enable the Department to address the petitioners’ allegations. According to the petitioners, the workers use a computer program to convert customers’ logos from a twodimensional form to one which is readable by the embroidery machines at the Dodgeville, Wisconsin facility. Petitioners also allege that foreign companies are digitizing the design work, using a remote file transfer protocol site and the Internet to receive the logos from Lands’ End and to send digitized logos back to Lands’ End. A company official confirmed that the electronic digitizing of embroidery logos shifted overseas and that sample stitching and the production of embroidered goods remain at the Dodgeville, Wisconsin facility. Based on this information, the Department has determined that the subject workers do not produce an article. As such, the second and third allegations, the shift of digitized design production abroad and the increased imports of digitized designs, are rendered moot. During the reconsideration investigation, the Department also inquired into Lands’ End’s reasons for shifting digitization of the designs abroad and was informed that the subject company wanted to utilize the time difference between the countries in order to more quickly satisfy customers’ demands for embroidered goods. By doing so, the subject company can have logos digitized ‘‘overnight’’ and be ready to be used when the American production workers return to work the next day. 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 in Washington, DC, this 28th day of July 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–4292 Filed 8–8–05; 8:45 am] DEPARTMENT OF LABOR DEPARTMENT OF LABOR Employment and Training Administration Employment and Training Administration [TA–W–57,270] [TA–W–57,504] Menasha Holding Company, Menasha Packaging Company, LLC, Danville, VA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on July 5, 2005, in response to a petition filed by a company official on behalf of workers at Menasha Holding Company, Menasha Packaging Company, LLC, Danville, Virginia. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed in Washington, DC, this 18th day of July 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–4301 Filed 8–8–05; 8:45 am] 15:52 Aug 08, 2005 Jkt 205001 TRW Automotive, Occupant Safety Systems Division, El Paso Warehouse, El Paso, TX; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on June 1, 2005, in response to a petition filed by a company official on behalf of workers at TRW Automotive, Occupant Safety Systems Division, El Paso Warehouse, El Paso, Texas. The company has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed in Washington, DC, this 11th day of July 2005. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–4297 Filed 8–8–05; 8:45 am] BILLING CODE 4510–30–P BILLING CODE 4510–30–P DEPARTMENT OF LABOR DEPARTMENT OF LABOR Employment and Training Administration Employment and Training Administration [TA–W–56,946] [TA–W–57,427] Pomeroy Computer Resources, Macon, Georgia; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, an investigation was initiated on June 21, 2005, in response to petition filed on behalf of workers at Pomeroy Computer Resources, Macon, Georgia. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed in Washington, DC, this 11th day of July, 2005. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–4299 Filed 8–8–05; 8:45 am] BILLING CODE 4510–30–P BILLING CODE 4510–30–P VerDate jul<14>2003 46191 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 UITS Support Center, A Division Of NBC Universal, Universal City, CA; Notice of Negative Determination Regarding Application for Reconsideration By application dated May 20, 2005, a petitioner requested administrative reconsideration of the Department’s negative determination regarding eligibility for workers and former workers of the subject firm to apply for Trade Adjustment Assistance (TAA). The denial notice applicable to workers of UITS Support Center, a division of NBC Universal, Universal City, California, was signed on April 21, 2005, and published in the Federal Register on May 16, 2005 (70 FR 25859). 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 E:\FR\FM\09AUN1.SGM 09AUN1 46192 Federal Register / Vol. 70, No. 152 / Tuesday, August 9, 2005 / Notices of the law justified reconsideration of the decision. The TAA petition filed on behalf of a worker at UITS Support Center, a division of NBC Universal, Universal City, California, engaged in technical support for the employees of the Universal Studios and Universal Music was denied because the petitioning workers did not produce an article within the meaning of section 222 of the Act. The petitioner contends that the Department erred in its interpretation of work performed at the subject facility as a service and further conveys that movies which are filmed and taped at the Universal Studios lot should be considered a product and workers dealing with the technological aspects such as soundstage locations, wardrobe inventory and actors’ contracts should be considered workers engaged in production. A company official was contacted for clarification in regard to the nature of the work performed at the subject facility. The official stated that the role of the petitioning group of workers at the subject firm was that of information technology help desk analyst. In particular, workers of the subject firm provided assistance pertaining to computer problems over the telephone to the workers at Universal Studios, Universal City, California. The official further clarified that workers of the University Studios, University City, California, do not manufacture articles, and are engaged in activities related to making movies and television shows. The company official further stated that the position of help desk analyst was transferred from the subject facility to India. Technical support is not considered production within the context of TAA eligibility requirements, so there are no imports of products nor was there a shift in production of an ‘‘article’’ abroad within the meaning of the Trade Act of 1974 in this instance. Service workers can be certified only if worker separations are caused by a reduced demand for their services from a parent or controlling firm or subdivision whose workers produce an article domestically who meet the eligibility requirements, or if the group of workers are leased workers who perform their duties on-site at a facility that meet the eligibility requirements. 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 VerDate jul<14>2003 15:52 Aug 08, 2005 Jkt 205001 reconsideration of the Department of Labor’s prior decision. Accordingly, the application is denied. Signed in Washington, DC, this 15th day of July, 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–4293 Filed 8–8–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–57,253] Vision Knits, Inc., Albemarle, NC; Notice of Negative Determination Regarding Application for Reconsideration By application of June 28, 2005, a company official 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 June 16, 2005, and published in the Federal Register on July 14, 2005 (70 FR 40741). 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 Vision Knits, Inc., Albemarle, North Carolina engaged in production of unfinished knit fabric 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 imports of unfinished knit fabric during the relevant period. The subject firm did not import unfinished knit fabric nor did it shift production to a foreign country during the relevant period. The petitioner states that even though the subject firm produces fabric, this PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 fabric is further used in the production of garments. The petitioner alleges that because final customers purchase garments from foreign countries, the subject firm lost its business due to the imports of finished garments. The petitioner attached two letters from customers to support the allegations. The letters state that increased imports of finished garments resulted in customers’ loss of business. The petitioner concludes that, because the production of garments occurs abroad, the subject firm workers producing fabric are import impacted. In order to establish import impact, the Department must consider imports that are like or directly competitive with those produced at the subject firm. Imports of garments cannot be considered like or directly competitive with unfinished fabric produced by Vision Knits, Inc. 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 in Washington, DC, day 28th of July, 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–4295 Filed 8–8–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–57,327] Westpoint Stevens, Bed Products Division, Lanett, AL; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on June 8, 2005, in response to a petition filed by a company official on behalf of workers at WestPoint Stevens, Bed Products Division, Lanett, Alabama. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. E:\FR\FM\09AUN1.SGM 09AUN1

Agencies

[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Notices]
[Pages 46191-46192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4293]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,946]


UITS Support Center, A Division Of NBC Universal, Universal City, 
CA; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated May 20, 2005, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA). The 
denial notice applicable to workers of UITS Support Center, a division 
of NBC Universal, Universal City, California, was signed on April 21, 
2005, and published in the Federal Register on May 16, 2005 (70 FR 
25859).
    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

[[Page 46192]]

of the law justified reconsideration of the decision.
    The TAA petition filed on behalf of a worker at UITS Support 
Center, a division of NBC Universal, Universal City, California, 
engaged in technical support for the employees of the Universal Studios 
and Universal Music was denied because the petitioning workers did not 
produce an article within the meaning of section 222 of the Act.
    The petitioner contends that the Department erred in its 
interpretation of work performed at the subject facility as a service 
and further conveys that movies which are filmed and taped at the 
Universal Studios lot should be considered a product and workers 
dealing with the technological aspects such as soundstage locations, 
wardrobe inventory and actors' contracts should be considered workers 
engaged in production.
    A company official was contacted for clarification in regard to the 
nature of the work performed at the subject facility. The official 
stated that the role of the petitioning group of workers at the subject 
firm was that of information technology help desk analyst. In 
particular, workers of the subject firm provided assistance pertaining 
to computer problems over the telephone to the workers at Universal 
Studios, Universal City, California. The official further clarified 
that workers of the University Studios, University City, California, do 
not manufacture articles, and are engaged in activities related to 
making movies and television shows.
    The company official further stated that the position of help desk 
analyst was transferred from the subject facility to India.
    Technical support is not considered production within the context 
of TAA eligibility requirements, so there are no imports of products 
nor was there a shift in production of an ``article'' abroad within the 
meaning of the Trade Act of 1974 in this instance.
    Service workers can be certified only if worker separations are 
caused by a reduced demand for their services from a parent or 
controlling firm or subdivision whose workers produce an article 
domestically who meet the eligibility requirements, or if the group of 
workers are leased workers who perform their duties on-site at a 
facility that meet the eligibility requirements.

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 in Washington, DC, this 15th day of July, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-4293 Filed 8-8-05; 8:45 am]
BILLING CODE 4510-30-P