Carolina Mills, Inc.; Plant No. 9; Valdese, NC; Notice of Revised Determination on Reconsideration, 40546 [E6-11216]
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40546
Federal Register / Vol. 71, No. 136 / Monday, July 17, 2006 / Notices
employment on or after January 17, 2005
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.
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–58,637]
Carolina Mills, Inc.; Plant No. 9;
Valdese, NC; Notice of Revised
Determination on Reconsideration
rwilkins on PROD1PC63 with NOTICES
By letter dated March 28, 2006, a
company official requested
administrative reconsideration
regarding the Department’s Negative
Determination Regarding Eligibility to
Apply for Worker Adjustment
Assistance, applicable to workers of the
subject firm. The Notice of Affirmative
Determination Regarding Application
for Reconsideration was issued on April
21, 2006, and was published in the
Federal Register on May 5, 2006 (71 FR
26565).
During the reconsideration
investigation, the Department confirmed
that the subject firm was a supplier to
a company certified for Trade
Adjustment Assistance and that the loss
of the business by that company
contributed importantly to the workers’
separations at the subject firm. This
customer was one of the subject firm’s
major declining customers and was
certified based on a shift of production
to Honduras.
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
information obtained in the
reconsideration investigation, I
determine that workers of the subject
firm 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 Carolina Mills, Inc., Plant
No. 9, Valdese, North Carolina, who became
totally or partially separated from
VerDate Aug<31>2005
17:41 Jul 14, 2006
Jkt 208001
Signed in Washington, DC, this 5th day of
July 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–11216 Filed 7–14–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–51,750]
Federated Merchandising Group, A
Part of Federated Department Stores,
New York, NY; Notice of Negative
Determination on Remand
On May 3, 2006, the United States
Court of International Trade (USCIT)
granted the U.S. Department of Labor’s
motion for voluntary remand for further
investigation in Former Employees of
Federated Merchandising Group, A Part
of Federated Department Stores v.
United States Secretary of Labor, Court
No. 03–00689.
On June 10, 2003, the Department of
Labor (Department) issued a negative
determination regarding eligibility to
apply for Trade Adjustment Assistance
(TAA) for the subject workers. The
workers produced paper patterns and
sample garments at the subject facility
and are not separately identifiable by
product line. The investigation revealed
that worker separations at the subject
facility were attributable to neither
increased in imports of paper patterns
and sample garments nor a shift of
production abroad of paper patterns and
sample garments, but to improved
pattern production technology (use of
computer design programs has reduced
the need for manual pattern making and
subsequent sample making). AR 16. The
Notice of determination was published
in the Federal Register on June 19, 2003
(68 FR 36846). AR 22
On August 19, 2003, a Notice of
Negative Determination Regarding
Application for Reconsideration was
issued in response to the July 2, 2003
request for reconsideration on the
findings of neither error nor
misunderstanding of the law or facts in
the investigation. AR 31. The Notice
was published in the Federal Register
on September 30, 2003 (68 FR 56327).
AR 32
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
On July 6, 2005, the Department
issued a Notice of Negative
Determination on Remand. The
determination stated that the workers’
separations were due to the subject
firm’s institution of production
improvement measures which resulted
in the reduced need for manual labor in
general. SAR 15. The Notice was
published in the Federal Register on
July 14, 2005 (70 FR 40737). SSAR 1
The purpose of the second remand is
to address causation, whether the
subject workers could be divided into
distinct subgroups, and whether the
subject workers are eligible to apply for
TAA.
Because 29 CFR 90.2 defines a
‘‘group’’ as three or more workers in a
firm or an appropriate subdivision and
‘‘appropriate subdivision’’ as an
establishment in a multi-establishment
firm or a distinct section of an
establishment, which produces the
domestic article(s) in question, the
Department determines that workers
could be divided into distinct subgroups
if multiple articles are produced by the
subject firm or an appropriate
subdivision and the workers are
separately identifiable by the article
produced. The regulations explicitly
allow the Department to examine
different segments of workers when
deciding whether an application should
be certified. 29 CFR 90.16(g). The
Department is not limited to the unit
described in the application. 29 CFR
90.16(d)(1).
In the case hand, the subject workers
produce two distinct articles, handmade
patterns and hand-sewn samples, AR 2,
14, 26, 29 and SAR 10, 14–15, and the
workers producing handmade patterns
have skills which are distinguishable
from those producing hand-sewn
samples. AR 26, SAR 10, SSAR 17, 25–
31, 33–34. Further, the subject firm
identifies the Plaintiff as the Director of
Pattern Services, SSAR 17, and the
Plaintiff identifies himself as a
patternmaker. AR 26, SSAR 13, 25–31.
As such, the Department determines
that the subject workers are, in fact, two
distinct subgroups: Pattern makers and
sample makers.
To determine whether a worker group
is eligible to apply for TAA, the
Department must ascertain whether the
criteria set forth in 29 CFR 90.16(b) was
met:
(1) A significant number or proportion of
the workers in such workers’ firm (or
appropriate subdivision of the firm) have
become, or are threatened to become, totally
or partially separated;
(2) Sales or production, or both, of such
firm or subdivision have decreased
absolutely; and
E:\FR\FM\17JYN1.SGM
17JYN1
]]>Agencies
[Federal Register Volume 71, Number 136 (Monday, July 17, 2006)]
[Notices]
[Page 40546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11216]
[[Page 40546]]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-58,637]
Carolina Mills, Inc.; Plant No. 9; Valdese, NC; Notice of Revised
Determination on Reconsideration
By letter dated March 28, 2006, a company official requested
administrative reconsideration regarding the Department's Negative
Determination Regarding Eligibility to Apply for Worker Adjustment
Assistance, applicable to workers of the subject firm. The Notice of
Affirmative Determination Regarding Application for Reconsideration was
issued on April 21, 2006, and was published in the Federal Register on
May 5, 2006 (71 FR 26565).
During the reconsideration investigation, the Department confirmed
that the subject firm was a supplier to a company certified for Trade
Adjustment Assistance and that the loss of the business by that company
contributed importantly to the workers' separations at the subject
firm. This customer was one of the subject firm's major declining
customers and was certified based on a shift of production to Honduras.
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 information obtained in the
reconsideration investigation, I determine that workers of the subject
firm 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 Carolina Mills, Inc., Plant No. 9, Valdese, North
Carolina, who became totally or partially separated from employment
on or after January 17, 2005 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 5th day of July 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-11216 Filed 7-14-06; 8:45 am]
BILLING CODE 4510-30-P
