Pendleton Woolen Mills, Inc., Corporate Headquarters, Portland, OR; Menswear Distribution Center, Milwaukie, OR; Bellevue Plant, Bellevue, NE; Washougal Mill, Washougal, WA; and Pendelton Mill, Pendelton, OR; Notice of Termination of Investigation, 76891 [E5-7961]
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Notices
2–152 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
September 12, 2005, and published in
the Federal Register on October 6, 2005
(70 FR 58476).
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 Midas
International Corporation, Muffler
Corporation of America Division,
Hartford Manufacturing Facility,
Hartford, Wisconsin engaged in
production of automotive muffler and
exhaust products for the aftermarket
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
automotive muffler and exhaust
products during the relevant period.
The subject firm did not import
automotive muffler and exhaust
products nor did it shift production to
a foreign country during the relevant
period.
The petitioner states that the affected
workers lost their jobs as a result of the
subject firm ‘‘exiting the manufacturing
portion of the business’’ and its
consequent decision to purchase
automotive muffler and exhaust
products from a different vendor. The
petitioner alleges that because this
vendor has ‘‘120 manufacturing
facilities in 25 countries’’, there
naturally should be imported
automotive muffler and exhaust
products sold to the subject firm. The
petitioner states that because the new
vendor is a global producer of
automotive muffler and exhaust
products, the workers of the subject firm
should be eligible for TAA. To support
the above allegations, the petitioner
attached news articles from companies’
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17:37 Dec 27, 2005
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websites which contain information on
Midas International’s new supplier of
automotive muffler and exhaust
products.
A company official was contacted
regarding the above allegations. The
company official confirmed what was
revealed during the initial investigation.
In particular, the official stated that
Midas International Corporation’s
actions in ceasing its production of
automotive muffler and exhaust
products was a reflection of company’s
strategic desire to be a retailer,
combined with the reduction in the size
of the overall market for exhaust
systems. The official provided the name
of the vendor which supplies
automotive muffler and exhaust
products to Midas International. This is
the same vendor indicated by the
petitioner in the request for
reconsideration.
The Department conducted a survey
of the vendor regarding its
manufacturing of automotive muffler
and exhaust products. The survey
revealed that the majority of automotive
mufflers and exhaust products sold to
Midas International is manufactured in
the United States and only a small
fraction of automotive mufflers and
exhaust products is imported. Moreover,
the survey revealed an insignificant
amount of vendor’s overall imports of
automotive muffler and exhaust
products during the relevant time
period.
The petitioner also attached abstracts
from the publication by the United
States International Trade Commission
(USITC) which contain information on
imports of mufflers and exhaust pipes
from 1999 to 2003 and a printout from
the USITC website which shows an
eight percent increase in U.S. aggregate
imports of motor vehicle parts from
January through August of 2005 when
compared with the same period in 2004.
In order to establish import impact,
the Department must consider imports
that are like or directly competitive with
those produced at the subject firm
within a year prior to the date of the
petition. Thus the period ending in 2003
is outside of the relevant period as
established by the current petition date
of July 30, 2005. Information on imports
of motor vehicle parts does not provide
import information on specific types of
motor parts, such as automotive
mufflers and exhaust products and thus
is also irrelevant in this investigation.
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
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76891
facts which would justify
reconsideration of the Department of
Labor’s prior decision. Accordingly, the
application is denied.
Signed at Washington, DC, day 13th of
December, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–7957 Filed 12–27–05; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA-W–58,475, TA-W–58,475A, and TA-W–
58,475B]
Pendleton Woolen Mills, Inc.,
Corporate Headquarters, Portland, OR;
Menswear Distribution Center,
Milwaukie, OR; Bellevue Plant,
Bellevue, NE; Washougal Mill,
Washougal, WA; and Pendelton Mill,
Pendelton, OR; Notice of Termination
of Investigation
Pursuant to section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on December
7, 2005 in response to a worker petition
filed by a company official on behalf of
workers at Pendleton Woolen Mills,
Inc., Corporate headquarters, Portland
Oregon; Menswear Distribution Center,
Milwaukie, Oregon; Bellevue Plant,
Bellevue, Nebraska; Washougal Mill,
Washougal, Washington and Pendleton
Mill, Pendleton, Oregon.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Signed at Washington, DC this 14th day of
December 2005.
Richard Church,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–7961 Filed 12–27–05; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–58,356]
The Rug Barn, Abbeville, SC; 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 worker
petition filed by a company official on
behalf of workers at The Rug Barn,
Abbeville, South Carolina.
E:\FR\FM\28DEN1.SGM
28DEN1
]]>Agencies
[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Notices]
[Page 76891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7961]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-58,475, TA-W-58,475A, and TA-W-58,475B]
Pendleton Woolen Mills, Inc., Corporate Headquarters, Portland,
OR; Menswear Distribution Center, Milwaukie, OR; Bellevue Plant,
Bellevue, NE; Washougal Mill, Washougal, WA; and Pendelton Mill,
Pendelton, OR; Notice of Termination of Investigation
Pursuant to section 221 of the Trade Act of 1974, as amended, an
investigation was initiated on December 7, 2005 in response to a worker
petition filed by a company official on behalf of workers at Pendleton
Woolen Mills, Inc., Corporate headquarters, Portland Oregon; Menswear
Distribution Center, Milwaukie, Oregon; Bellevue Plant, Bellevue,
Nebraska; Washougal Mill, Washougal, Washington and Pendleton Mill,
Pendleton, Oregon.
The petitioner has requested that the petition be withdrawn.
Consequently, the investigation has been terminated.
Signed at Washington, DC this 14th day of December 2005.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-7961 Filed 12-27-05; 8:45 am]
BILLING CODE 4510-30-P
