Mckeehan Hosiery Mill, Inc., a Subsidiary Of Prewett Mills Distribution Center (Pmdc), Fort Payne, AL; Notice of Termination of Investigation, 72657-72658 [E5-6880]

Download as PDF Federal Register / Vol. 70, No. 233 / Tuesday, December 6, 2005 / Notices TA–W–58,129C; United Airlines, Inc., Denver International Airport (DEN), Denver, CO. TA–W–58,129D; United Airlines, Inc., McCarran International Airport (LAS), Las Vegas, NV. TA–W–58,129E; United Airlines, Inc., Honolulu Airport (HNL), Honolulu, HI. TA–W–58,129F; United Airlines, Inc., Keahole Airport (KOA), Kona, HI. TA–W–58,129G; United Airlines, Inc., Lihue Airport (LIH), Kauai, HI. TA–W–58,129H; United Airlines, Inc., Kahului Airport (OGG), Kahului, HI. TA–W–58,129I; United Airlines, Inc., San Francisco International Airport (SFO), San Francisco, CA. TA–W–58,129J; United Airlines, Inc., Seattle/Tacoma International Airport (SEA), Seattle, WA. TA–W–58,129K; United Airlines, Inc., Portland International Airport (PDX), Portland, WA. TA–W–58,129L; United Airlines, Inc., Newark International Airport (EWR), Newark, NJ. TA–W–58,129M; United Airlines, Inc., John F. Kennedy International Airport (JFK), New York, NY. TA–W–58,129N; United Airlines, Inc., La Guardia Airport (LGA), New York, NY. TA–W–58,129O; United Airlines, Inc., Philadelphia International Airport (PHL), Philadelphia, PA. TA–W–58,129P; United Airlines, Inc., Bradley International Airport (BDL), Windsor Locks, CT. TA–W–58,129Q; United Airlines, Inc., Logan International Airport (BOS), Boston, MA. TA–W–58,129R; United Airlines, Inc., Detroit/Wayne County Airport (DTW), Detroit, MI. TA–W–58,129S; United Airlines, Inc., Baltimore/Washington International Airport (BWI), Baltimore, MD. TA–W–58,129T; United Airlines, Inc., AFB Municipal Airport (CHS), Charleston, SC. TA–W–58,129U; United Airlines, Inc., Airport (CHS), Washington, DC. TA–W–58,129V; United Airlines, Inc., Airport (CHS), Dulles, VA. TA–W–58,129W; United Airlines, Inc., Orlando International Airport (MCO), Orlando, FL. TA–W–58,129X; United Airlines, Inc., Airport (CHS), Miami, FL. TA–W–58,129Y; United Airlines, Inc., Indianapolis International Airport (IND), Indianapolis, IN. TA–W–58,129Z; United Airlines, Inc., O’Hare International Airport (ORD), Chicago, IL. TA–W–58,221; Cambridge Integrated Services Group, Inc., A Subsidiary of Cambridge Services Holdings, LLC, Mt. Clemens, MI. VerDate Aug<31>2005 17:44 Dec 05, 2005 Jkt 205001 TA–W–58,249; FMC Idaho, LLC, A Subsidiary of FMC Corporation, Formerly Astaris, LLC, Pocatello, ID. TA–W–58,298; Messier Services, Inc., A Subsidiary of the Safran Group, Sterling, VA. TA–W–58,094; Metron North America, Knoxville, TN. The Department has determined that criterion (1) of Section 246 has not been met. Workers at the firm are 50 years of age or older. TA–W–58,211; Fisher Technical Development, Inc., Columbia, MD. The Department has determined that criterion (2) of Section 246 has not been met. Workers at the firm possess skills that are easily transferable. TA–W–58,103; Panasonic Home Appliances Company, Danville, KY. I hereby certify that the aforementioned determinations were issued during the month of November 2005. Copies of these determinations are available for inspection in Room C– 5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: November 29, 2005. Erica R. Cantor, Director, Division of Trade Adjustment Assistance. [FR Doc. E5–6873 Filed 12–5–05; 8:45 am] BILLING CODE 4510–30–P 72657 accepted the application for reconsideration. The notice will soon be published in the Federal Register. Since the petitioning worker group is subject to an ongoing investigation further investigation in this case would serve no purpose, and the investigation has been terminated. Signed at Washington, DC, this 18th day of November, 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–6881 Filed 12–5–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–58,302] Lenox China, Oxford, NC; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on November 9, 2005, in response to a petition filed on behalf of workers of Lenox China, Oxford, North Carolina. The petitioning group of workers is covered by a current certification (TA– W–55,767) issued on January 18, 2005. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Signed at Washington, DC, this 14th day of November, 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–6879 Filed 12–5–05; 8:45 am] DEPARTMENT OF LABOR Employment and Training Administration [TA–W–58,349] BILLING CODE 4510–30–P Joy Technologies, Inc., Dba Joy Mining Machinery, Mt. Vernon Plant, Mt. Vernon, IL; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on November 15, 2005, in response to a petition filed by the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers (IBB), Local 483, on behalf of workers of Joy Technologies, Inc., dba Joy Mining Machinery, Mt. Vernon Plant, Mt. Vernon, Illinois. The petitioning worker group was denied eligibility to apply for adjustment assistance (TA–W–57,700) on September 15, 2005. The IBB requested administrative reconsideration of that denial and on November 16, 2004, the Department PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 DEPARTMENT OF LABOR Employment and Training Administration [TA–W–58,321] Mckeehan Hosiery Mill, Inc., a Subsidiary Of Prewett Mills Distribution Center (Pmdc), Fort Payne, AL; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on November 14, 2005, in response to a worker petition filed by a company official on behalf of workers of McKeehan Hosiery Mill, Inc., a subsidiary of Prewett Mills Distribution Center (PMDC), Fort Payne, Alabama. E:\FR\FM\06DEN1.SGM 06DEN1 72658 Federal Register / Vol. 70, No. 233 / Tuesday, December 6, 2005 / Notices The petitioning worker group was certified eligible to apply for trade adjustment assistance and alternative trade adjustment assistance under petition number TA–W–52,564, which expired on October 14, 2005. The subject firm closed in September 2005 and workers separated are covered by TA–W–52,564. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Signed in Washington, DC, this 21st day of November 2005. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–6880 Filed 12–5–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–57,938] OAG Worldwide, Inc., Custom Products Department, Downers Grove, IL; Notice of Negative Determination Regarding Application for Reconsideration By application dated October 19, 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 OAG Worldwide, Inc., Custom Products Department, Downers Grove, Illinois was signed on October 4, 2005, and published in the Federal Register on November 4, 2005 (70 FR 67196). 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 misinterpretation of facts or of the law justified reconsideration of the decision. The TAA petition filed on behalf of workers at OAG Worldwide, Inc., Custom Products Department, Downers Grove, Illinois were engaged in running database queries of airline schedules to provide customized information for customers worldwide was denied because the petitioning workers did not VerDate Aug<31>2005 17:44 Dec 05, 2005 Jkt 205001 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 workers of the subject firm ‘‘assemble custom software products and work closely with the IT teams in the United States to assemble the products’’. 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 is providing airline schedules and other data to customers worldwide. In particular, workers of the subject firm query the OAG database, compile and audit information and create data files. These data files are further delivered to customers in electronic format. The official further clarified that this query is a programming process written by the information technology staff of the subject firm was for the internal use. The official supported the information previously provided by the subject firm that databases and software created at the subject facility are not massproduced on any media device by the subject firm for further duplication and distribution to customers and that there are no products manufactured within the subject firm. The sophistication of the work involved is not an issue in ascertaining whether the petitioning workers are eligible for trade adjustment assistance, but whether they produce an article within the meaning of section 222 of the Trade Act of 1974. Querying the databases and compiling electronic information is not considered production of an article within the meaning of section 222 of the Trade Act. Petitioning workers do not produce an ‘‘article’’ within the meaning of the Trade Act of 1974. Information electronic databases are not tangible commodities, and they are not listed on the Harmonized Tariff Schedule of the United States (HTS), as classified by the United States International Trade Commission (USITC), Office of Tariff Affairs and Trade Agreements, which describes articles imported to the United States. To be listed in the HTS, an article would be subject to a duty on the tariff schedule and have a value that makes it marketable, fungible and interchangeable for commercial purposes. Although a wide variety of tangible products are described as articles and characterized as dutiable in the HTS, informational products that could historically be sent in letter form PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 and that can currently be electronically transmitted are not listed in the HTS. Such products are not the type of products that customs officials inspect and that the TAA program was generally designed to address. The investigation on reconsideration supported the findings of the primary investigation that the petitioning group of workers does not produce an article. Furthermore, workers of the subject firm did not support production of an article at any affiliated facility. The petitioner further alleges that because workers lost their jobs due to a transfer of job functions to the United Kingdom, petitioning workers should be considered import impacted. The company official stated that creation of the customer data files was transferred from the subject facility to the United Kingdom. Compiling and creating databases which contain informational documentation and are electronically transmitted is not considered production within the context of TAA eligibility requirements. 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 at Washington, DC, this 25th day of November, 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–6882 Filed 12–5–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–58,148] Ranco North America, a Division of Invensys, Brownsville, TX; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 70, Number 233 (Tuesday, December 6, 2005)]
[Notices]
[Pages 72657-72658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6880]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-58,321]


Mckeehan Hosiery Mill, Inc., a Subsidiary Of Prewett Mills 
Distribution Center (Pmdc), Fort Payne, AL; Notice of Termination of 
Investigation

    Pursuant to section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on November 14, 2005, in response to a 
worker petition filed by a company official on behalf of workers of 
McKeehan Hosiery Mill, Inc., a subsidiary of Prewett Mills Distribution 
Center (PMDC), Fort Payne, Alabama.

[[Page 72658]]

    The petitioning worker group was certified eligible to apply for 
trade adjustment assistance and alternative trade adjustment assistance 
under petition number TA-W-52,564, which expired on October 14, 2005. 
The subject firm closed in September 2005 and workers separated are 
covered by TA-W-52,564. Consequently, further investigation in this 
case would serve no purpose, and the investigation has been terminated.

    Signed in Washington, DC, this 21st day of November 2005.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E5-6880 Filed 12-5-05; 8:45 am]
BILLING CODE 4510-30-P