Gale Group, Inc., A Division of the Thompson Corporation, Belmont, CA; Notice of Revised Determination on Remand, 43213 [E6-12192]
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Federal Register / Vol. 71, No. 146 / Monday, July 31, 2006 / Notices
apply for adjustment assistance under section
223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade
adjustment assistance under section 246 of
the Trade Act of 1974.
DEPARTMENT OF LABOR
Signed in Washington, DC, this 24th day of
July, 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–12198 Filed 7–28–06; 8:45 am]
TA–W–54,434
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–58,925]
Eaton Corporation, Everett, WA;
Affirmative Determinations for Worker
Adjustment Assistance and Alternative
Trade Adjustment Assistance;
Correction
This notice rescinds the notice of
certification of eligibility to apply for
Alternative Trade Adjustment
Assistance applicable to TA–W–58,925,
which was published in the Federal
Register on April 12, 2006 (71 FR
18771–18773) in FR Document E6–
5369, Billing Code 4510–30–P.
This rescinds the certification of
eligibility for workers of TA–W–58,925,
to apply for Alternative Trade
Adjustment Assistance and confirms
eligibility to apply for Worker
Adjustment Assistance as identified on
page 18772 in the first column, the fifth
TA–W–number listed.
The Department appropriately
published in the Federal Register April
12, 2006, page 18773, under the notice
of Negative Determinations for
Alternative Trade Adjustment
Assistance, the denial of eligibility
applicable to workers of TA–W–58,925.
The notice appears on page 18773 in the
first column, the third TA–W–number
listed.
sroberts on PROD1PC70 with NOTICES
Signed in Washington, DC, this 24th day of
July 2006.
Erica R. Cantor,
Director, Division of Trade Adjustment
Assistance.
[FR Doc. E6–12191 Filed 7–28–06; 8:45 am]
BILLING CODE 4510–30–P
VerDate Aug<31>2005
18:49 Jul 28, 2006
Jkt 208001
Employment and Training
Administration
Gale Group, Inc., A Division of the
Thompson Corporation, Belmont, CA;
Notice of Revised Determination on
Remand
On June 2, 2006, the United States
Court of International Trade (USCIT)
granted the Department of Labor’s
motion for voluntary remand for further
investigation in Former Employees of
Gale Group, Inc. v. U.S. Secretary of
Labor, Court No. 04–00374. These
workers created electronic documents
and performed electronic indexing
services and occasionally wrote
abstracts of articles.
On May 20, 2004, the Department of
Labor (Department) issued a negative
determination regarding eligibility to
apply for Trade Adjustment Assistance
(TAA) for workers of Gale Group, A
Division of the Thompson Corporation,
Belmont, California (Gale Group). The
negative determination was based on
the investigation’s finding that the
workers did not produce an article in
accordance with Section 222 of the
Trade Act of 1974 (Trade Act). The
Notice of Negative Determination
Regarding Eligibility to Apply for
Worker Adjustment Assistance for the
subject firm was published in the
Federal Register on June 17, 2004 (69
FR 33940).
In response to the petitioner’s request
for administrative reconsideration, the
Department affirmed its finding that the
subject workers did not produce an
article within the meaning of the Trade
Act. The Department’s Dismissal of
Application for Reconsideration was
issued on July 16, 2004 and the Notice
of Dismissal of Application for
Reconsideration was published in the
Federal Register on July 23, 2004 (69 FR
44064).
The petitioners appealed the denial to
the USCIT. The Department made a
motion for voluntary remand for further
investigation. The CIT granted the
Department’s motion in an October 25,
2004 Order. In response to that Order,
the Department conducted a further
investigation to determine whether the
petitioners were eligible to apply for
TAA. On January 27, 2005, the
Department affirmed its conclusion that
the workers did not produce an article
within the meaning of the Trade Act.
The Department’s Notice was published
in the Federal Register on February 8,
2005 (70 FR 6732).
PO 00000
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43213
The CIT subsequently ruled that the
Department’s denial of TAA
certification because the plaintiffs did
not produce an ‘‘article’’ was reasonable
and supported by substantial evidence.
The petitioners appealed to the United
States Court of Appeals for the Federal
Circuit.
After the case reached the Court of
Appeals the Department revised its
policy to acknowledge that there are
tangible and intangible articles.
Products that would have been
considered an article if embodied in a
physical medium will now be
considered an article for purposes of the
Trade Act even if transmitted or stored
electronically. Because it is the
Department’s practice to apply a new
policy if doing so is in the best interest
of the workers, the Department
requested a voluntary remand from the
Court of Appeals to determine whether,
under the new policy, the petitioners
are eligible to apply for TAA. The Court
of Appeals remanded the case to the CIT
which remanded it to the Department.
Upon review, the Department has
determined that the subject workers
produce an intangible article (electronic
documents) and that, following the shift
of production abroad, documents like or
directly competitive with those
produced at the subject firm were
brought back into the United States.
Conclusion
After careful review of the facts
generated through the remand
investigation, I determine that a shift in
production abroad of electronic
documents like or directly competitive
to that produced at the subject facility
followed by increased imports
contributed to the total or partial
separation of a significant number or
proportion of workers at the subject
facilities. In accordance with the
provisions of the Act, I make the
following certification:
All workers of Gale Group, A Division of
the Thompson Corporation, Belmont,
California, who became totally or partially
separated from employment on or after
February 23, 2003, through two years from
the issuance of this revised determination,
are eligible to apply for Trade Adjustment
Assistance under Section 223 of the Trade
Act of 1974.
Signed at Washington, DC, this 19th day of
July 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–12192 Filed 7–28–06; 8:45 am]
BILLING CODE 4510–30–P
E:\FR\FM\31JYN1.SGM
31JYN1
]]>Agencies
[Federal Register Volume 71, Number 146 (Monday, July 31, 2006)]
[Notices]
[Page 43213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12192]
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DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,434
Gale Group, Inc., A Division of the Thompson Corporation,
Belmont, CA; Notice of Revised Determination on Remand
On June 2, 2006, the United States Court of International Trade
(USCIT) granted the Department of Labor's motion for voluntary remand
for further investigation in Former Employees of Gale Group, Inc. v.
U.S. Secretary of Labor, Court No. 04-00374. These workers created
electronic documents and performed electronic indexing services and
occasionally wrote abstracts of articles.
On May 20, 2004, the Department of Labor (Department) issued a
negative determination regarding eligibility to apply for Trade
Adjustment Assistance (TAA) for workers of Gale Group, A Division of
the Thompson Corporation, Belmont, California (Gale Group). The
negative determination was based on the investigation's finding that
the workers did not produce an article in accordance with Section 222
of the Trade Act of 1974 (Trade Act). The Notice of Negative
Determination Regarding Eligibility to Apply for Worker Adjustment
Assistance for the subject firm was published in the Federal Register
on June 17, 2004 (69 FR 33940).
In response to the petitioner's request for administrative
reconsideration, the Department affirmed its finding that the subject
workers did not produce an article within the meaning of the Trade Act.
The Department's Dismissal of Application for Reconsideration was
issued on July 16, 2004 and the Notice of Dismissal of Application for
Reconsideration was published in the Federal Register on July 23, 2004
(69 FR 44064).
The petitioners appealed the denial to the USCIT. The Department
made a motion for voluntary remand for further investigation. The CIT
granted the Department's motion in an October 25, 2004 Order. In
response to that Order, the Department conducted a further
investigation to determine whether the petitioners were eligible to
apply for TAA. On January 27, 2005, the Department affirmed its
conclusion that the workers did not produce an article within the
meaning of the Trade Act. The Department's Notice was published in the
Federal Register on February 8, 2005 (70 FR 6732).
The CIT subsequently ruled that the Department's denial of TAA
certification because the plaintiffs did not produce an ``article'' was
reasonable and supported by substantial evidence. The petitioners
appealed to the United States Court of Appeals for the Federal Circuit.
After the case reached the Court of Appeals the Department revised
its policy to acknowledge that there are tangible and intangible
articles. Products that would have been considered an article if
embodied in a physical medium will now be considered an article for
purposes of the Trade Act even if transmitted or stored electronically.
Because it is the Department's practice to apply a new policy if doing
so is in the best interest of the workers, the Department requested a
voluntary remand from the Court of Appeals to determine whether, under
the new policy, the petitioners are eligible to apply for TAA. The
Court of Appeals remanded the case to the CIT which remanded it to the
Department.
Upon review, the Department has determined that the subject workers
produce an intangible article (electronic documents) and that,
following the shift of production abroad, documents like or directly
competitive with those produced at the subject firm were brought back
into the United States.
Conclusion
After careful review of the facts generated through the remand
investigation, I determine that a shift in production abroad of
electronic documents like or directly competitive to that produced at
the subject facility followed by increased imports contributed to the
total or partial separation of a significant number or proportion of
workers at the subject facilities. In accordance with the provisions of
the Act, I make the following certification:
All workers of Gale Group, A Division of the Thompson
Corporation, Belmont, California, who became totally or partially
separated from employment on or after February 23, 2003, through two
years from the issuance of this revised determination, are eligible
to apply for Trade Adjustment Assistance under Section 223 of the
Trade Act of 1974.
Signed at Washington, DC, this 19th day of July 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-12192 Filed 7-28-06; 8:45 am]
BILLING CODE 4510-30-P
