Volex, Inc., Power Cord Products Division, Clinton, AR; Notice of Negative Determination Regarding Application for Reconsideration, 66798 [E6-19338]

Download as PDF 66798 Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Notices [FR Doc. E6–19345 Filed 11–15–06; 8:45 am] BILLING CODE 3410–30–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–59,756] pwalker on PROD1PC61 with NOTICES Volex, Inc., Power Cord Products Division, Clinton, AR; Notice of Negative Determination Regarding Application for Reconsideration By application of September 14, 2006, a company official 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 August 22, 2006, and published in the Federal Register on October 2, 2006 (71 FR 58012). 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 Volex, Inc., Power Cord Products Division, Clinton, Arkansas engaged in production of insulated flexible wire and cable for power cords 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 declining domestic customers. The survey was not conducted, because the investigation revealed that the subject firm produced insulated flexible wire and cable primarily for the export market and no domestic customers were available. The subject firm did not import insulated flexible wire and cable in the relevant period, nor did it shift production to a foreign country. The petitioner provided additional information in the request for reconsideration and supplied a name of VerDate Aug<31>2005 20:27 Nov 15, 2006 Jkt 211001 a domestic customer which is allegedly purchasing imported products. The Department conducted a survey of this customer regarding purchases of insulated flexible wire and cable in 2004, 2005 and January through August of 2006. The survey revealed no purchases of imports of insulated flexible wire and cable during the relevant time period. 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 2nd of November, 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6–19338 Filed 11–15–06; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA-W) number and alternative trade adjustment assistance (ATAA) by (TA–W) number issued during the period of October 23 through October 27, 2006. In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Section (a)(2)(A) all of the following must be satisfied: A. A significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and C. Increased imports of articles like or directly competitive with articles PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 produced by such firm or subdivision have contributed importantly to such workers’ separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. A significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. There has been a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. The country to which the workers’ firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. The country to which the workers’ firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Also, in order for an affirmative determination to be made for secondarily affected workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met. (1) Significant number or proportion of the workers in the workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) The workers’ firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and (3) Either— (A) The workers’ firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers’ firm; or E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Notices]
[Page 66798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19338]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-59,756]


Volex, Inc., Power Cord Products Division, Clinton, AR; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application of September 14, 2006, a company official 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 August 22, 2006, and 
published in the Federal Register on October 2, 2006 (71 FR 58012).
    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 Volex, Inc., Power Cord Products 
Division, Clinton, Arkansas engaged in production of insulated flexible 
wire and cable for power cords 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 declining domestic customers. The survey was not 
conducted, because the investigation revealed that the subject firm 
produced insulated flexible wire and cable primarily for the export 
market and no domestic customers were available. The subject firm did 
not import insulated flexible wire and cable in the relevant period, 
nor did it shift production to a foreign country.
    The petitioner provided additional information in the request for 
reconsideration and supplied a name of a domestic customer which is 
allegedly purchasing imported products.
    The Department conducted a survey of this customer regarding 
purchases of insulated flexible wire and cable in 2004, 2005 and 
January through August of 2006. The survey revealed no purchases of 
imports of insulated flexible wire and cable during the relevant time 
period.

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 2nd of November, 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E6-19338 Filed 11-15-06; 8:45 am]
BILLING CODE 4510-30-P

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