Intermark Fabric Corp., Plainfield, CT; Notice of Revised Determination on Reconsideration, 75840 [E5-7606]
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75840
Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Notices
erjones on PROD1PC68 with NOTICES
qualified for certification. Id. at n.16.
(citing Abbott, 570 F. Supp. at 49 (citing
Woodrum, 564 F. Supp. 826) (‘‘the Court
must accord substantial deference to the
interpretation of the statute [19 U.S.C.
2272(a)] by the agency [Labor] charged
with its administration’’); Bennett, 20
CIT at 792 (stating in pertinent part that
‘‘plaintiff[s] are eligible for certification
[as support service workers] when
* * * their separation is caused by a
reduced demand for their services from
a production department whose workers
independently meet the statutory
criteria for certification’’ and holding
that ‘‘Labor permissibly and reasonably
interpreted [19 U.S.C. 2272(a)] in
formulating the test for certifying
support service workers’’).
The Department has consistently
determined that workers engaged in the
design and development of software
may be certified if they support an
affiliated, domestic firm at which
workers are engaged in producing a
trade-impacted ‘‘article.’’ See, e.g.,
Notice of Determinations Regarding
Eligibility to Apply for Worker
Adjustment Assistance and NAFTA
Transitional Adjustment Assistance in:
Ericsson, Inc., Messaging Group,
Woodbury, N.Y., 68 FR 8619–8621 (TAW–50,446) (Feb. 24, 2003); Computer
Sciences Corporation at Dupont
Corporation, 67 FR 10767 (TA–W–
39,535) (March 8, 2002); e-Gain
Communications Corporation, Novato
California, 68 FR 50195 (TA–W–51,001)
(Aug. 20, 2003).
Workers in these cases were certified
based, in part, upon a finding that the
subject facilities produced hardware or
software embodied in some tangible
format. Workers in the case at hand,
however, do not directly support
certifiable production workers eligible
for TAA benefits, and this distinction
explains the different results in cases
involving workers engaged in similar
activity. While the case results may
differ, based on the particular facts of
each case, the Department’s application
of the statute has been consistent.
The Department has carefully
investigated the matter on remand and
has found no basis to support finding
that workers of IBM Corporation, Global
Services Division, Piscataway and
Middletown, New Jersey are engaged in
the production of an article or support
for the production of an article.
Consequently, they are not eligible for
certification.
Conclusion
In the case of IBM Corporation, Global
Services Division, Piscataway and
Middletown, New Jersey, it has been
clearly established that the workers of
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15:25 Dec 20, 2005
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the subject facility did not produce an
article or support the production of an
article within the meaning of the Trade
Act and that they are not eligible for
certification.
As the result of the findings of the
investigation on remand, I affirm the
original notice of negative
determination of eligibility to apply for
adjustment assistance for workers and
former workers of IBM Corporation,
Global Services Division, Piscataway
and Middletown, New Jersey.
Signed at Washington, DC, this 9th day of
December, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–7600 Filed 12–20–05; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–58,043]
Intermark Fabric Corp., Plainfield, CT;
Notice of Revised Determination on
Reconsideration
By application of November 29, 2005
a company official 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) and Alternative Trade
Adjustment Assistance (ATAA).
The initial investigation resulted in a
negative determination signed on
November 2, 2005 was based on the
finding that imports of imitation suede
and velvets for upholstery, drapery and
apparel did not contribute importantly
to worker separations at the subject
plant and no shift of production to a
foreign source occurred. The denial
notice was published in the Federal
Register on November 23, 2005 (70 FR
70882).
In the request for reconsideration, the
petitioner provided additional
information regarding subject firm’s
customers and requested to investigate a
secondary impact on the subject firm as
an upstream supplier in the textile
industry. A review of the new facts
determined that the workers of the
subject firm may qualify eligible for
TAA on the basis of a secondary
upstream supplier impact.
Having conducted an investigation of
subject firm workers on the basis of
secondary impact, it was revealed that
Intermark Fabric Corp, Plainfield,
Connecticut supplied imitation suede
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and velvets that were used in the
production of upholstery fabrics, and a
loss of business with domestic
manufacturers (whose workers were
certified eligible to apply for adjustment
assistance) contributed importantly to
the workers separation or threat of
separation.
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 group eligibility
requirements of section 246 of the Trade
Act must be met. The Department has
determined in this case that the
requirements of section 246 have been
met.
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 workers of Intermark
Fabric Corp, Plainfield, Connecticut
engaged in production of imitation
suede and velvets qualify as adversely
affected secondary workers under
section 222 of the Trade Act of 1974, as
amended. In accordance with the
provisions of the Act, I make the
following certification:
All workers of Intermark Fabric Corp,
Plainfield, Connecticut, who became totally
or partially separated from employment on or
after September 28, 2004, 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.
Signed at Washington, DC, this 8th day of
December, 2005.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–7606 Filed 12–20–05; 8:45 am]
BILLING CODE 4510–30–P
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Agencies
[Federal Register Volume 70, Number 244 (Wednesday, December 21, 2005)]
[Notices]
[Page 75840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7606]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-58,043]
Intermark Fabric Corp., Plainfield, CT; Notice of Revised
Determination on Reconsideration
By application of November 29, 2005 a company official 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) and
Alternative Trade Adjustment Assistance (ATAA).
The initial investigation resulted in a negative determination
signed on November 2, 2005 was based on the finding that imports of
imitation suede and velvets for upholstery, drapery and apparel did not
contribute importantly to worker separations at the subject plant and
no shift of production to a foreign source occurred. The denial notice
was published in the Federal Register on November 23, 2005 (70 FR
70882).
In the request for reconsideration, the petitioner provided
additional information regarding subject firm's customers and requested
to investigate a secondary impact on the subject firm as an upstream
supplier in the textile industry. A review of the new facts determined
that the workers of the subject firm may qualify eligible for TAA on
the basis of a secondary upstream supplier impact.
Having conducted an investigation of subject firm workers on the
basis of secondary impact, it was revealed that Intermark Fabric Corp,
Plainfield, Connecticut supplied imitation suede and velvets that were
used in the production of upholstery fabrics, and a loss of business
with domestic manufacturers (whose workers were certified eligible to
apply for adjustment assistance) contributed importantly to the workers
separation or threat of separation.
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 group eligibility requirements of section 246 of
the Trade Act must be met. The Department has determined in this case
that the requirements of section 246 have been met.
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 workers of Intermark Fabric Corp, Plainfield,
Connecticut engaged in production of imitation suede and velvets
qualify as adversely affected secondary workers under section 222 of
the Trade Act of 1974, as amended. In accordance with the provisions of
the Act, I make the following certification:
All workers of Intermark Fabric Corp, Plainfield, Connecticut,
who became totally or partially separated from employment on or
after September 28, 2004, 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.
Signed at Washington, DC, this 8th day of December, 2005.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-7606 Filed 12-20-05; 8:45 am]
BILLING CODE 4510-30-P