Swift Textiles, d/b/a/ Swift Galey, Midland, GA; Notice of Revised Determination on Reconsideration, 74562-74563 [E6-21107]
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jlentini on PROD1PC65 with NOTICES
74562
Federal Register / Vol. 71, No. 238 / Tuesday, December 12, 2006 / Notices
published in the Federal Register on
October 4, 2006 (71 FR 58632).
In the request for reconsideration, the
Union alleges that the Department’s
initial investigation did not include all
of the articles produced at the subject
firm. The determination states that the
subject worker group produces calcium
fluoride crystals.
Based on a careful review of
previously-submitted documents, the
Department determines on
reconsideration that during the relevant
period (May 2005 through May 2006),
the subject workers produced more than
one line of crystals and are not
separately identifiable by product line.
During the reconsideration
investigation, the Union asserted that
cadmium, calcium fluoride, magnesium
fluoride, lithium fluoride, and barium
fluoride products were produced by the
subject firm (August 17, 2006 letter) and
that workers produced cadmium
tungstate until ‘‘Saint Gobain Crystals
made the decision to transfer this
operation to India’’ (September 14, 2006
letter).
According to a company official,
calcium fluoride has been the only
product produced in significant volume
at the subject facility since April 2005.
Calcium fluoride constitutes about 90%
of subject facility production. The
remaining percentage of production at
the subject facility during the relevant
period consisted of magnesium fluoride,
lithium fluoride, barium fluoride, lead
chlorine, lead bromide and cadmium
tungstate.
The company official also stated that
cadmium tungstate production ceased
in May 2005 and was shifted to India.
The shift was completed in November
2005. When the cadmium tungstate
production ceased, workers were shifted
to other crystal lines, including the
calcium fluoride line. Cadmium
tungstate sales were a minuscule
fraction (less than 0.24%) of calcium
fluoride sales.
Production of the remaining products
(magnesium fluoride, lithium fluoride,
barium fluoride, lead chlorine, lead
bromide, and calcium fluoride) ceased
at the end of September 2006 and the
subject facility will be completely
closed by the end of 2006.
The Department has determined that
the predominant cause of worker
separations at the subject facility is not
related to increased imports or a shift of
production abroad. The subject facility’s
customers were foreign entities and all
sales were shipped abroad.
Furthermore, the subject firm is leaving
the calcium fluoride crystal business
due to insufficient demand for the
product due to lack of progress in
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18:00 Dec 11, 2006
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targeted markets and technological
developments.
In order for the Department to issue
a certification of eligibility to apply for
Alternative Trade Adjustment
Assistance (ATAA), the subject worker
group must be certified eligible to apply
for Trade Adjustment Assistance (TAA).
Since the subject workers are denied
eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful reconsideration, I affirm
the original notice of negative
determination of eligibility to apply for
worker adjustment assistance for
workers and former workers of Saint
Gobain Crystals, Solon, Ohio.
Signed at Washington, DC this 6th day of
December 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–21105 Filed 12–11–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–60,055]
Swift Textiles, d/b/a/ Swift Galey,
Midland, GA; Notice of Revised
Determination on Reconsideration
By letter dated November 6, 2006, the
subject company 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 denial was issued
on October 17, 2006. The Department’s
Notice of determination was published
in the Federal Register on November 6,
2006 (71 FR 65004). Workers produce
denim fabric.
The denial was based on the
Department’s findings that the denim
fabric is exported, there was no shift of
production of fabric abroad, and the
subject firm did not import denim
fabric.
The request for reconsideration, dated
November 6, 2006, states that the
subject firm will be closing at the end
of 2006 and alleges that the closure is
due to increased imports.
During the reconsideration
investigation, the Department was
informed that the denim yarn produced
at Swift Galey, Columbus, Georgia (TA–
W–59,234; certified May 22, 2006 based
on import impact from Mexico) was sent
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Sfmt 4703
to Swift Galey, Midland, Georgia to be
finished into denim fabric.
Based on this new information, the
Department has determined that the
subject firm is a downstream producer
to Swift Galey, Columbus, Georgia and
conducted an investigation to determine
whether the subject workers are eligible
to apply for Trade Adjustment
Assistance (TAA) as workers of a
secondarily-affected firm (a firm that
either supplied component parts for
articles produced by a firm with a
currently TAA-certified worker group or
assembled/finished articles provided by
a firm with a currently TAA-certified
worker group).
In order for the subject workers to be
certified on a secondarily-affected basis,
the following criteria must be met: (1) A
significant number or proportion of the
subject firm separated or threatened
with separations and (2) the subject firm
is a supplier or a downstream producer
to a firm or subdivision that employed
a TAA-certified worker group and such
supply or production is related to the
article that was the basis for the
certification. In the case of downstream
producers, the primary certification
must be based on a shift of production
to Canada or Mexico or import impact
from Canada or Mexico.
Based on previously-submitted
information and information obtained
during the reconsideration
investigation, the Department
determines that Swift Textile, d/b/a/
Swift Galey, Midland, Georgia qualifies
as a secondarily-affected 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 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 Swift
Textiles, d/b/a/ Swift Galey, Midland,
Georgia, qualify as adversely affected
secondary workers under Section 222 of
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Federal Register / Vol. 71, No. 238 / Tuesday, December 12, 2006 / Notices
the Trade Act of 1974, as amended. In
accordance with the provisions of the
Act, I make the following certification:
All workers of Swift Textile, d/b/a Swift
Galey, Midland, Georgia who became totally
or partially separated from employment on or
after September 11, 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
December 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–21107 Filed 12–11–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–60,494]
Walter Mcilvain Co., Acme, PA; Notice
of Termination of Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on November
28, 2006 in response to a petition filed
by a company official on behalf of
workers at Walter McIlvain Co., Acme,
Pennsylvania.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Signed in Washington, DC, this 1st day of
December, 2006.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–21109 Filed 12–11–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
jlentini on PROD1PC65 with NOTICES
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
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18:00 Dec 11, 2006
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period of November 27 through
December 1, 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
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.
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74563
(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
(B) A loss or business by the workers’
firm with the firm (or subdivision)
described in paragraph (2) contributed
importantly to the workers’ separation
or threat of separation.
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.
1. Whether a significant number of
workers in the workers’ firm are 50
years of age or older.
2. Whether the workers in the
workers’ firm possess skills that are not
easily transferable.
3. The competitive conditions within
the workers’ industry (i.e., conditions
within the industry are adverse).
Affirmative Determinations for Worker
Adjustment Assistance
The following certifications have been
issued. The date following the company
name and location of each
determination references the impact
date for all workers of such
determination.
The following certifications have been
issued. The requirements of Section
222(a)(2)(A) (increased imports) of the
Trade Act have been met.
TA–W–60,355; Xyron, Inc., Garden
Grove, CA: October 26, 2005.
The following certifications have been
issued. The requirements of Section
222(a)(2)(B) (shift in production) of the
Trade Act have been met.
TA–W–60,332; Valley-Dynamo,
Richland Hills, TX: October 26,
2005.
The following certifications have been
issued. The requirements of Section
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]]>Agencies
[Federal Register Volume 71, Number 238 (Tuesday, December 12, 2006)]
[Notices]
[Pages 74562-74563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21107]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-60,055]
Swift Textiles, d/b/a/ Swift Galey, Midland, GA; Notice of
Revised Determination on Reconsideration
By letter dated November 6, 2006, the subject company 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 denial
was issued on October 17, 2006. The Department's Notice of
determination was published in the Federal Register on November 6, 2006
(71 FR 65004). Workers produce denim fabric.
The denial was based on the Department's findings that the denim
fabric is exported, there was no shift of production of fabric abroad,
and the subject firm did not import denim fabric.
The request for reconsideration, dated November 6, 2006, states
that the subject firm will be closing at the end of 2006 and alleges
that the closure is due to increased imports.
During the reconsideration investigation, the Department was
informed that the denim yarn produced at Swift Galey, Columbus, Georgia
(TA-W-59,234; certified May 22, 2006 based on import impact from
Mexico) was sent to Swift Galey, Midland, Georgia to be finished into
denim fabric.
Based on this new information, the Department has determined that
the subject firm is a downstream producer to Swift Galey, Columbus,
Georgia and conducted an investigation to determine whether the subject
workers are eligible to apply for Trade Adjustment Assistance (TAA) as
workers of a secondarily-affected firm (a firm that either supplied
component parts for articles produced by a firm with a currently TAA-
certified worker group or assembled/finished articles provided by a
firm with a currently TAA-certified worker group).
In order for the subject workers to be certified on a secondarily-
affected basis, the following criteria must be met: (1) A significant
number or proportion of the subject firm separated or threatened with
separations and (2) the subject firm is a supplier or a downstream
producer to a firm or subdivision that employed a TAA-certified worker
group and such supply or production is related to the article that was
the basis for the certification. In the case of downstream producers,
the primary certification must be based on a shift of production to
Canada or Mexico or import impact from Canada or Mexico.
Based on previously-submitted information and information obtained
during the reconsideration investigation, the Department determines
that Swift Textile, d/b/a/ Swift Galey, Midland, Georgia qualifies as a
secondarily-affected 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 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 Swift
Textiles, d/b/a/ Swift Galey, Midland, Georgia, qualify as adversely
affected secondary workers under Section 222 of
[[Page 74563]]
the Trade Act of 1974, as amended. In accordance with the provisions of
the Act, I make the following certification:
All workers of Swift Textile, d/b/a Swift Galey, Midland, Georgia
who became totally or partially separated from employment on or
after September 11, 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 December 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-21107 Filed 12-11-06; 8:45 am]
BILLING CODE 4510-30-P
