Hexion Specialty Chemicals, Inc., FFP Division, Including On-Site Leased Workers of Express Personnel, High Point, NC; Notice of Revised Determination on Reconsideration, 40547-40548 [E6-11222]
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Federal Register / Vol. 71, No. 136 / Monday, July 17, 2006 / Notices
rwilkins on PROD1PC63 with NOTICES
(3) Increases (absolute or relative) of
imports of articles produced by such
workers’ firm or an appropriate subdivision
thereof contributed importantly to such total
or partial separation, or threat thereof, and to
such decline in sales or production.
29 CFR 90.2 states that ‘‘significant
number or proportion of the workers’’
means at least three workers in a firm
(or appropriate subdivision) with a work
force of fewer than 50 workers.
Should the USCIT accept the
Department’s determination that there
are two distinct worker groups in the
case at hand, the Department presents
its analysis regarding the pattern
makers’ and sample makers’
applications for TAA certification.
Although the respective workers
groups of pattern makers and sample
makers each qualify as a ‘‘group’’ (three
or more workers producing an article)
independently, each worker group fails
to satisfy 29 CFR 90.16(b)(1) because
only two of each group were separated.
AR 26 and SSAR 16–17.
Should the USCIT reject the
Department’s determination that there
are two distinct worker groups, the
Department presents its analysis
regarding the TAA petition filed on
behalf of the worker group consisting of
pattern makers and sample makers.
While this larger group consisting of
pattern makers and sample makers
meets 29 CFR 90.16(b) (1) and (2), SSAR
4, 8, 13, criterion three has not been
met.
29 CFR 90.2 states that ‘‘increased
imports’’ means imports have increased,
absolutely or relative to domestic
production, compared to a
representative base period. The
regulation also establishes the
representative base period as the oneyear period preceding the date twelve
months prior to the petition date.
Because the petition date of TA–W–
51,750 is May 5, 2003, the relevant
period is May 5, 2002 through May 5,
2003 and the representative base period
is May 5, 2001 through May 5, 2002.
Therefore, increased imports is
established if import levels during May
5, 2002 through May 5, 2003 are greater
than import levels during May 5, 2001
through May 5, 2002.
While the Plaintiff has provided
evidence of increased competition from
China, SSAR 25–28, and the declining
role of manual pattern makers in
America, SSAR 29–31, the material falls
outside the relevant period (2005 and
2004, respectively) and, therefore, do
not bear on the case at hand. What is
relevant, however, is previouslysubmitted material that shows that there
were no increased imports of either
patterns or samples during the relevant
VerDate Aug<31>2005
17:41 Jul 14, 2006
Jkt 208001
period as compared to the
representative base period. SAR 10–11,
14.
On voluntary remand, the USCIT
ordered the Department to determine
whether the TAA required that plaintiffs
lost their jobs on account of a shift in
production. In Former Employees of
Barry Callebaut v. Herman, 177 F.
Supp.2d 1304 (CIT 2001), the USCIT
addressed that very issue with regard to
NAFTA TAA. There, the USCIT
concluded that ‘‘[t]he legislative history
behind NAFTA TAA shows that the
program is intended to benefit displaced
workers whose separations were caused
by shifts in production.’’ Id. at 1312. The
USCIT added that NAFTA TAA ‘‘is not
intended to benefit workers whose
separations were not caused by shifts in
production.’’ Id. The language in the
TAA regarding shifts in production is
almost identical to that in the NAFTA
TAA, and the purpose of the statute is
the same. Therefore, causation is a
requirement for a shift in production
case.
Therefore, the Department determines
that the subject workers have not met
the criteria set forth in Section 222 of
the Trade Act of 1974, as amended, and
are not eligible to apply for worker
adjustment assistance.
Conclusion
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 Federated
Merchandising Group, A Part of
Federated Department Stores, New
York, New York.
Signed at Washington, DC, this 3rd day of
July 2006.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–11225 Filed 7–14–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–59,078]
Hexion Specialty Chemicals, Inc., FFP
Division, Including On-Site Leased
Workers of Express Personnel, High
Point, NC; Notice of Revised
Determination on Reconsideration
By application dated May 11, 2006, a
worker requested administrative
reconsideration regarding the
Department’s Negative Determination
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
40547
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 May
16, 2006, and was published in the
Federal Register on May 25, 2006 (71
FR 30200). Workers produce wood
adhesives and ancillary products.
In the request for reconsideration, the
worker alleges that the subject firm
supplied wood adhesive to customers
affected by increased imports of wood
furniture.
During the reconsideration
investigation, the Department contacted
the subject firm and was informed that
the adhesive produced by the subject
workers is a component of wood
furniture.
Based on this new information, the
Department conducted an investigation
to determine whether the subject
workers are eligible to apply for Trade
Adjustment Assistance (TAA) as
workers of a secondarily-affected
company (supplier to a firm that
employed workers who received a
certification and such supply is related
to the article that was the basis for such
certification). As part of this
investigation, the Department reviewed
comprehensive information from the
subject firm regarding 2004 and 2005
sales figures of wood adhesives.
A careful analysis of this information
and a careful search of the TAA
database revealed that a significant
number of the sixteen major declining
customers who were TAA certified
during the relevant period had ceased
production. Therefore, the Department
determines that the loss of the business
by those customers contributed
importantly to the workers’ separations
at the subject firm.
In accordance with Section 246 the
Trade Act of 1974 (26 U.S.C. 2813), as
amended, the Department 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 the case at hand 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.
E:\FR\FM\17JYN1.SGM
17JYN1
40548
Federal Register / Vol. 71, No. 136 / Monday, July 17, 2006 / Notices
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 Hexion Specialty
Chemicals, Inc., FFP Division, High Point,
North Carolina, including leased workers of
Express Personnel working on site, who
became totally or partially separated from
employment on or after March 22, 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 6th day of
July 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–11222 Filed 7–14–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Investigations Regarding Certifications
of Eligibility To Apply for Worker
Adjustment Assistance and Alternative
Trade Adjustment Assistance
Petitions have been filed with the
Secretary of Labor under Section 221(a)
of the Trade Act of 1974 (‘‘the Act’’) and
are identified in the Appendix to this
notice. Upon receipt of these petitions,
the Director of the Division of Trade
Adjustment Assistance, Employment
and Training Administration, has
instituted investigations pursuant to
Section 221(a) of the Act.
The purpose of each of the
investigations is to determine whether
the workers are eligible to apply for
adjustment assistance under Title II,
Chapter 2, of the Act. The investigations
will further relate, as appropriate, to the
determination of the date on which total
or partial separations began or
threatened to begin and the subdivision
of the firm involved.
The petitioners or any other persons
showing a substantial interest in the
subject matter of the investigations may
request a public hearing, provided such
request is filed in writing with the
Director, Division of Trade Adjustment
Assistance, at the address shown below,
not later than July 27, 2006. Interested
persons are invited to submit written
comments regarding the subject matter
of the investigations to the Director,
Division of Trade Adjustment
Assistance, at the address shown below,
not later than July 27, 2006.
The petitions filed in this case are
available for inspection at the Office of
the Director, Division of Trade
Adjustment Assistance, Employment
and Training Administration, U.S.
Department of Labor, Room C–5311, 200
Constitution Avenue, NW., Washington,
DC 20210.
Signed at Washington, DC, this 5th day of
July 2006.
Erica R. Cantor,
Director, Division of Trade Adjustment
Assistance.
APPENDIX
[TAA petitions instituted between 6/26/06 and 6/30/06]
Subject firm
(petitioners)
TA–W
Location
Fort Edward, NY ...................
Racine, WI ............................
Livermore, CA .......................
Greenville, SC .......................
Batavia, NY ...........................
Milan, TN ...............................
Irvine, CA ..............................
Grand Blanc, MI ....................
Saint Joseph, MI ...................
Oklahoma City, OK ...............
Monson & Dover Foxcroft,
ME.
Cupertino, CA .......................
Gonzales, TX ........................
Greensburg, PA ....................
Mason City, IA ......................
New York, NY .......................
Research Triangle Park, NC
Lee, MA .................................
Charlotte, NC ........................
Lancaster, PA .......................
Phoenix, AZ ..........................
Calera, AL .............................
Cincinnati, OH .......................
Kintsport, TN .........................
Two Rivers, WI .....................
Summit, NJ ...........................
Sun Valley, CA ......................
Ft. Madison, IA ......................
Elliston, VA ............................
Bellevue, NE .........................
Fayetteville, AR .....................
Phoenix, AZ ..........................
High Point, NC ......................
West Columbia, SC ..............
Long Beach, CA ....................
rwilkins on PROD1PC63 with NOTICES
59621
59622
59623
59624
59625
59626
59627
59628
59629
59630
59631
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Irving Tissue Inc (Comp) ......................................................
Gyrus ACMI Corporation (Comp) .........................................
Hexcel (State) .......................................................................
Pintex Cutting Company (Comp) .........................................
P.W. Minor and Son Inc. (Comp) .........................................
Tower Automotive Products Co. Inc. (Union) ......................
Liebert Corporation (UAW) ...................................................
New Venture Industries (UAW) ............................................
IPC Print Services (Wkrs) ....................................................
Johnson Controls Inc. (UAW) ...............................................
Moosehead Manufacturing Co. (State) ................................
59632
59633
59634
59635
59636
59637
59638
59639
59640
59641
59642
59643
59644
59645
59646
59647
59648
59649
59650
59651
59652
59653
59654
59655
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Light Master Systems Inc. (Wkrs) ........................................
Dancin Cowboy, Inc. (State) ................................................
Hi-Lite Industries Inc. (Wkrs) ................................................
Minnesota Rubber (USW) ....................................................
Larose Inc. (Comp) ...............................................................
Lenovo USA (Wkrs) ..............................................................
Schweitzer-Mauduit International Inc. (Comp) .....................
Solectron, USA (Wkrs) .........................................................
Armstrong World Industies Inc. (Wkrs) ................................
Arizona Textiles (State) ........................................................
Fontaine International Inc. (Wkrs) ........................................
Graham Packaging (Wkrs) ...................................................
Quebecor World Kingsport (Union) ......................................
Metal Ware Corporation (IAMAW) .......................................
Aircast (Comp) ......................................................................
Rad Technologies (State) .....................................................
Adecco (Wkrs) ......................................................................
Rowe Furniture, Inc. (Wkrs) .................................................
Pendleton Woolen Mills Inc. (Comp) ....................................
Superior Industries Int’l. Inc. (State) .....................................
Stanton International (State) ................................................
Utility Craft Inc. (Comp) ........................................................
House of Perfection Inc. (Wkrs) ...........................................
Boeing Company (UAW) ......................................................
VerDate Aug<31>2005
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Date of
institution
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Date of
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06/07/06
06/27/06
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06/20/06
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06/27/06
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]]>Agencies
[Federal Register Volume 71, Number 136 (Monday, July 17, 2006)]
[Notices]
[Pages 40547-40548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11222]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-59,078]
Hexion Specialty Chemicals, Inc., FFP Division, Including On-Site
Leased Workers of Express Personnel, High Point, NC; Notice of Revised
Determination on Reconsideration
By application dated May 11, 2006, a worker 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 May 16, 2006, and was published in the Federal Register on
May 25, 2006 (71 FR 30200). Workers produce wood adhesives and
ancillary products.
In the request for reconsideration, the worker alleges that the
subject firm supplied wood adhesive to customers affected by increased
imports of wood furniture.
During the reconsideration investigation, the Department contacted
the subject firm and was informed that the adhesive produced by the
subject workers is a component of wood furniture.
Based on this new information, the Department conducted an
investigation to determine whether the subject workers are eligible to
apply for Trade Adjustment Assistance (TAA) as workers of a
secondarily-affected company (supplier to a firm that employed workers
who received a certification and such supply is related to the article
that was the basis for such certification). As part of this
investigation, the Department reviewed comprehensive information from
the subject firm regarding 2004 and 2005 sales figures of wood
adhesives.
A careful analysis of this information and a careful search of the
TAA database revealed that a significant number of the sixteen major
declining customers who were TAA certified during the relevant period
had ceased production. Therefore, the Department determines that the
loss of the business by those customers contributed importantly to the
workers' separations at the subject firm.
In accordance with Section 246 the Trade Act of 1974 (26 U.S.C.
2813), as amended, the Department 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 the case at
hand 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.
[[Page 40548]]
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 Hexion Specialty Chemicals, Inc., FFP Division,
High Point, North Carolina, including leased workers of Express
Personnel working on site, who became totally or partially separated
from employment on or after March 22, 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 6th day of July 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-11222 Filed 7-14-06; 8:45 am]
BILLING CODE 4510-30-P
