Plasti-Coil, Inc.; Lake Geneva, WI; Notice of Negative Determination Regarding Application for Reconsideration, 3888-3889 [E6-801]
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3888
Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Notices
STAT, Aerotek, Will Rogers,
Richmond, VA, November 28, 2004.
TA–W–58,388; Chuan Hing Sewing, Inc.,
San Francisco, CA, November 21,
2004.
TA–W–58,456; WestPoint Home, Inc.,
Bath Products Div., Ambassador
Personnel, Valley, AL, December 2,
2004.
TA–W–58,327; Hewlett Packard,
Ontario, CA, November 10, 2004.
TA–W–58,526; IPF Management
Company, Inc., d/b/a Invincible IPF,
Paterson, NJ, December 20, 2004.
issued during the month of January
2006. 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: January 12, 2006.
Erica R. Cantor,
Director, Division of Trade Adjustment
Assistance.
[FR Doc. E6–803 Filed 1–23–06; 8:45 am]
BILLING CODE 4510–30–P
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Negative Determinations for Alternative
Trade Adjustment Assistance
In order for the Division of Trade
Adjustment Assistance to issue a
certification of eligibility to apply for
Alternative Trade Adjustment
Assistance (ATAA) for older workers,
the group eligibility requirements of
Section 246(a)(3)(A)(ii) of the Trade Act
must be met.
In the following cases, it has been
determined that the requirements of
Section 246(a)(3)(ii) have not been met
for the reasons specified.
Since the workers are denied
eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
TA–W–58,487; U.S. Airways, Greentree
Reservations, Pittsburgh, PA.
TA–W–58,274; Saint-Gobain Container,
Carteret, NJ.
TA–W–58,421; Sony Electronics, Direct
View CRT, Mt. Pleasant, PA.
TA–W–58,481; Collins and Aikman,
Southwest Laminates, Inc. Division,
El Paso, TX.
The Department as determined that
criterion (1) of Section 246 has not been
met. Workers at the firm are 50 years of
age or older.
None.
The Department as determined that
criterion (2) of Section 246 has not been
met. Workers at the firm possess skills
that are easily transferable.
TA–W–58,295; Pixelworks, Inc.,
Tualatin, OR.
TA–W–58,295A; Pixelworks, Inc.,
Campbell, CA.
TA–W–58,070; Carrier Access
Corporation, Boulder, CO.
TA–W–58,401; Accutech Mold and
Engineering, Little Falls, MN.
TA–W–57,987; Sun Chemical,
Performance Pigments Division,
Cincinnati, OH.
The Department as determined that
criterion (3) of Section 246 has not been
met. Competition conditions within the
workers’ industry are not adverse.
None.
I hereby certify that the
aforementioned determinations were
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14:44 Jan 23, 2006
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DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–58,309]
OBG Manufacturing Company; Liberty,
KY; Dismissal of Application for
Reconsideration
Pursuant to 29 CFR 90.18(C) an
application for administrative
reconsideration was filed with the
Director of the Division of Trade
Adjustment Assistance for workers at
OBG Manufacturing Company, Liberty,
Kentucky. The application did not
contain new information supporting a
conclusion that the determination was
erroneous, and also did not provide a
justification for reconsideration of the
determination that was based on either
mistaken facts or a misinterpretation of
facts or of the law. Therefore, dismissal
of the application was issued.
TA–W–58,309; OBG Manufacturing
Company, Liberty, Kentucky
(January 11, 2006).
Signed at Washington, DC this 11th day of
January 2006.
Erica R. Cantor,
Director, Division of Trade Adjustment
Assistance.
[FR Doc. E6–802 Filed 1–23–06; 8:45 am]
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DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–58,047]
Plasti-Coil, Inc.; Lake Geneva, WI;
Notice of Negative Determination
Regarding Application for
Reconsideration
By application of December 8, 2005 a
petitioner requested administrative
reconsideration of the Department’s
negative determination regarding
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eligibility for workers and former
workers of the subject firm to apply for
Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment
Assistance (ATAA). The denial notice
was signed on November 10, 2005 and
published in the Federal Register on
December 6, 2005 (70 FR 72653).
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 Plasti-Coil, Inc., Lake
Geneva, Wisconsin engaged in
production of custom injection molding
was denied because the ‘‘contributed
importantly’’ group eligibility
requirement of Section 222 of the Trade
Act of 1974 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 declining customers.
The survey revealed no increase in
imports of custom injection molding.
The subject firm did not import custom
injection molding in the relevant period,
nor did it shift production to a foreign
country.
In the request for reconsideration, the
petitioner alleges that the layoffs at the
subject firm are attributable to a shift in
production to China. To support the
allegations, the petitioner attached a
copy of the letter from the subject firm’s
company official stating that ‘‘a
significant portion of the business has
been transferred to China’’.
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
Plasti-Coil, Inc., Lake Geneva,
Wisconsin was contemplating to move
portion of its production to China,
however, the shift did not occur and
there are no current plans to move
production from the subject firm to a
foreign country. The official further
clarified that the letter mentioned by the
petitioner meant that the subject firm’s
customers transferred significant
volumes of their business to China and
other Asian countries, which had a
negative impact on production of the
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24JAN1
Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Notices
subject firm. The subject firm did not
shift production of custom injection
molding abroad.
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 13th day of
January, 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–801 Filed 1–23–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–57,945; TA–W–57,945A]
rmajette on PROD1PC67 with NOTICES1
Polyvision Corporation; 13646 Route
402 Highway North Facility; Clymer,
PA; 2170 Barr Slope Road Facility;
Dixonville, PA; Notice of Revised
Determination on Reconsideration
By letter dated December 5, 2005,
Greater Pennsylvania Regional Council
of Carpenters requested administrative
reconsideration regarding the
Department’s Negative Determination
Regarding Eligibility to Apply for
Worker Adjustment Assistance,
applicable to the workers of the subject
firm.
The initial investigation resulted in a
negative determination signed on
October 21, 2005 and was based on the
finding that imports of casework
cabinets, marker and tack boards 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 9, 2005 (70 FR 68099).
To support the request for
reconsideration, the petitioner supplied
additional information. The Department
of Labor reviewed surveys of the firms
to which the subject facility submitted
bids and was not subsequently awarded
the contracts. A further contact with the
surveyed companies revealed the fact
that all the bids were awarded to
domestic bidders who manufacture case
work cabinets, market boards and tack
boards abroad. The loss of these
contracts as a result of increased
imports of case work cabinets, market
boards and tack boards contributed
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14:44 Jan 23, 2006
Jkt 208001
importantly to the declines in sales and
employment at the subject firm. The
investigation further revealed that sales,
production and employment at the
subject firm declined during the
relevant time period.
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 additional
facts obtained on reconsideration, I
conclude that increased imports of
articles like or directly competitive with
those produced at Polyvision
Corporation, Clymer, Pennsylvania
(TA–W–57,945) and Polyvision
Corporation, Dixonville, Pennsylvania
(TA–W–57,945A), contributed
importantly to the declines in sales or
production and to the total or partial
separation of workers at the subject
firm. In accordance with the provisions
of the Act, I make the following
certification:
‘‘All workers of Polyvision Corporation,
Clymer, Pennsylvania (TA–W–57,945) and
Polyvision Corporation, Dixonville,
Pennsylvania (TA–W–57,945A) who became
totally or partially separated from
employment on or after September 8, 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 in Washington, DC this 13th day of
January 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–800 Filed 1–23–06; 8:45 am]
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3889
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–57,838]
Texstyle, Inc., Manchester, KY; Notice
of Affirmative Determination Regarding
Application for Reconsideration
By application of October 17, 2005,
petitioners requested administrative
reconsideration of the Department of
Labor’s Notice of Negative
Determination Regarding Eligibility to
Apply for Worker Adjustment
Assistance, applicable to workers of
TexStyle, Inc., Manchester, Kentucky
(the subject firm). The negative
determination for the subject firm was
issued on September 15, 2005, and
published in the Federal Register on
October 31, 2005 (70 FR 62345).
Under a prior certification (TA–W–
51,404), workers were eligible to apply
for worker adjustment assistance (issued
on April 21, 2003; expired on April 21,
2005). The investigation instituted on
August 25, 2005, revealed that the
workers did not produce an article or
support an affiliated domestic
production facility during the relevant
period.
New information provided on
December 1, 2005 by the subject firm
revealed that some production did occur
at TexStyle, Inc., Manchester, Kentucky
during the relevant period.
The Department carefully reviewed
the petitioners’ request for
reconsideration and has determined that
the Department will conduct further
investigation based on new information
provided by the subject firm.
Conclusion
After careful review of the
application, I conclude that the claim is
of sufficient weight to justify
reconsideration of the Department of
Labor’s prior decision. The application
is, therefore, granted.
Signed at Washington, DC, this 22nd day
of December 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–799 Filed 1–23–06; 8:45 am]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification
The petition for modification notice
published in the Federal Register on
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]]>Agencies
[Federal Register Volume 71, Number 15 (Tuesday, January 24, 2006)]
[Notices]
[Pages 3888-3889]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-801]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-58,047]
Plasti-Coil, Inc.; Lake Geneva, WI; Notice of Negative
Determination Regarding Application for Reconsideration
By application of December 8, 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) and
Alternative Trade Adjustment Assistance (ATAA). The denial notice was
signed on November 10, 2005 and published in the Federal Register on
December 6, 2005 (70 FR 72653).
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 Plasti-Coil, Inc.,
Lake Geneva, Wisconsin engaged in production of custom injection
molding was denied because the ``contributed importantly'' group
eligibility requirement of Section 222 of the Trade Act of 1974 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 declining customers. The survey
revealed no increase in imports of custom injection molding. The
subject firm did not import custom injection molding in the relevant
period, nor did it shift production to a foreign country.
In the request for reconsideration, the petitioner alleges that the
layoffs at the subject firm are attributable to a shift in production
to China. To support the allegations, the petitioner attached a copy of
the letter from the subject firm's company official stating that ``a
significant portion of the business has been transferred to China''.
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 Plasti-Coil,
Inc., Lake Geneva, Wisconsin was contemplating to move portion of its
production to China, however, the shift did not occur and there are no
current plans to move production from the subject firm to a foreign
country. The official further clarified that the letter mentioned by
the petitioner meant that the subject firm's customers transferred
significant volumes of their business to China and other Asian
countries, which had a negative impact on production of the
[[Page 3889]]
subject firm. The subject firm did not shift production of custom
injection molding abroad.
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 13th day of January, 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-801 Filed 1-23-06; 8:45 am]
BILLING CODE 4510-30-P
