Notice of Negative Determination on Reconsideration, 36732-36733 [E7-12910]

Download as PDF 36732 Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Notices transmissions did not contribute importantly to worker separations at the subject firm and no shift of production to a foreign source occurred. The Department reviewed the request for reconsideration and has determined that the petitioner has provided additional information. Therefore, the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the Department of Labor’s prior decision. The application is, therefore, granted. Signed in Washington, DC, this 27th day of June, 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–12913 Filed 7–3–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–60,825] sroberts on PROD1PC70 with NOTICES Golden Ratio Woodworks, Emigrant, MT; Notice of Revised Determination on Reconsideration On June 11, 2007, the Department of Labor (Department) issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of Golden Ratio Woodworks, Emigrant, Montana (the subject firm). The Department’s Notice of affirmative determination was published in the Federal Register on June 20, 2007 (72 FR 34047). The negative determination was issued on May 1, 2007. The Department’s Notice of determination was published in the Federal Register on May 17, 2007 (72 FR 27855). Workers produce massage tables, chairs, and accessories. The negative determination was based on the Department’s findings that production at the subject firm ceased to operate in January 2007, that the subject firm did not shift production abroad, and that the subject firm’s major declining customers’ imports did not contribute importantly to workers’ separations. In the request for reconsideration, the workers alleged that increased subject firm imports and increased foreign VerDate Aug<31>2005 18:43 Jul 03, 2007 Jkt 211001 competition contributed to workers’ separations. On reconsideration, the Department received information that confirmed that the subject firm licensed the patents to another company to produce articles previously produced at the subject facility. During the reconsideration investigation, the Department received new information from the company official regarding the status of the subject firm and the relationship between the subject firm and the company licensed to produce the subject firm’s products (hereafter referred to as ‘‘the partner’’). The subject firm did not cease to exist, but has entered into an agreement with the partner. In this relationship, the subject firm sells its products and the partner produces them under the ‘‘Golden Ratio’’ brand at its manufacturing facilities. During the reconsideration investigation, the Department also received information that the subject firm separated all production workers, that production ceased absolutely, and that a significant majority of the production at the subject firm was replaced with articles produced in China. 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 ATAA. The Department has determined in this case that the group eligibility 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 Golden Ratio Woodworks, Emigrant, Montana, qualify as adversely affected 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 Golden Ratio Woodworks, Emigrant, Montana, who became totally or partially separated from employment on or after January 23, 2006, 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. PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 Signed at Washington, DC, this 27th day of June 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–12909 Filed 7–3–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration Notice of Negative Determination on Reconsideration TA–W–60,835, Kimberly Clark Corporation, Kimberly Clark WorldWide, Neenah, Wisconsin. TA–W–60,835A, Kimberly Clark Global Sales, Roswell, Georgia. TA–W–60,835B, Kimberly Clark World-Wide, Roswell, Georgia. TA–W–60,835C, Kimberly Clark Global Sales, Knoxville, Tennessee. TA–W–60,835D, Kimberly Clark World-Wide, Knoxville, Tennessee. TA–W–60,835E, Kimberly Clark Global Sales, Irving, Texas. On May 29, 2007, the Department of Labor (Department) issued an Affirmative Determination Regarding Application for Reconsideration for workers and former workers of several Kimberly Clark Corporation (the subject firm) locations: Kimberly Clark WorldWide, Neenah, Wisconsin [TA–W– 60,835]; Kimberly Clark Global Sales, Roswell, Georgia [TA–W–60,835A]; Kimberly Clark World-Wide, Roswell, Georgia [TA–W–60,835B]; Kimberly Clark Global Sales, Knoxville, Tennessee [TA–W–60,835C]; Kimberly Clark World-Wide, Knoxville, Tennessee [TA–W–60,835D]; and Kimberly Clark Global Sales, Irving, Texas [TA–W–60,835E]. The Department’s Notice of Affirmative Determination was published in the Federal Register on June 7, 2007 (72 FR 31612). Workers provided administrative support to various affiliated subject firm facilities. The negative determination regarding the subject workers’ eligibility to apply for Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA) stated that the worker separations are not caused by imports but by the subject firm’s decision to outsource administrative support positions, and that the separations cannot be directly attributed to imports or a shift in production of an article. The determination also states that workers at Kimberly Clark Corporation, Kimberly-Clark Global Sales, Neenah, Wisconsin are eligible to E:\FR\FM\05JYN1.SGM 05JYN1 Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Notices apply for TAA and ATAA under TA– W–60,017 (expires September 26, 2008). In the request for reconsideration, counsel for the subject firm alleged that the petitioning worker groups either had a direct link to or directly supported production at affiliated certified production facilities. The request also states that the separated workers are members of several groups within Kimberly Clark—Consumer Sales, Corporate Innovation, Finance and Accounting, and Sourcing and Supply Management. Subject firm counsel asserts that workers in the Consumer Sales group are directly linked to TAA-certified production facilities because they are engaged in the sale of the articles produced at those facilities. Subject firm counsel also asserts that workers in the Corporate Innovations group directly support production at TAA-certified subject firm facilities by responding to consumer complaints and providing feedback to other groups who use the feedback to improve the articles, and by engaging in the research and development of articles produced at TAA-certified subject firm facilities. Subject firm counsel notes in the request for reconsideration that several workers in the Corporate Innovations group are eligible to apply for TAA and ATAA under TA–W–60,017. The request for reconsideration asserts that workers in the Finance and Accounting group directly support production at the subject firm’s facilities because they are engaged in accounting and financing activities that ensure the continuous operation of subject firm production facilities. The request for reconsideration also asserts that workers in the Sourcing and Supply Management group directly support production at the subject firm’s facilities because they procure materials, equipment, and services required for production at these facilities, and because they are engaged in commodity management related to articles produced by the subject firm. The workers separated from the subject firm are categorized as follows: sroberts on PROD1PC70 with NOTICES World-Wide, Neenah, Wisconsin [TA– W–60,835] The one worker separated at this site is a member of the Corporate Innovations group. Global Sales, Roswell, Georgia [TA–W– 60,835A] One worker separated at this site is a member of the Consumer Sales group and five workers separated at this site are members of the Corporate Innovations group. VerDate Aug<31>2005 18:43 Jul 03, 2007 Jkt 211001 World-Wide, Roswell, Georgia [TA–W– 60,835B] The five workers separated at this site are members of the Corporate Innovations group. Global Sales, Knoxville, Tennessee [TA–W–60,835C] One worker separated at this site is a member the Consumer Sales group, forty-three workers separated at this site are members of the Finance and Accounting group, and four workers separated at this site are members of the Sourcing and Supply Management group. World-Wide, Knoxville, Tennessee [TA– W–60,835D] The one worker separated at this site is a member of the Corporate Innovations group. Global Sales, Irving, Texas [TA–W– 60,835E] The five workers separated at this site are members of the Consumer Sales group. The request for reconsideration also stated that, contrary to the Department’s initial findings, the separated workers’ positions were not outsourced but were eliminated as a result of decreased subject firm production. Although the Department contacted the subject firm during the reconsideration investigation to request additional information, no new information was provided. The Department has carefully reviewed the available material, and has determined that there is no evidence that the Department failed to consider any relevant fact or that the Department erred in its interpretation of the facts. As such, the Department affirms the negative determination applicable to subject firms workers at Kimberly Clark World-Wide, Neenah, Wisconsin [TA– W–60,835]; Kimberly Clark Global Sales, Roswell, Georgia [TA–W– 60,835A]; Kimberly Clark World-Wide, Roswell, Georgia [TA–W–60,835B]; Kimberly Clark Global Sales, Knoxville, Tennessee [TA–W–60,835C]; Kimberly Clark World-Wide, Knoxville, Tennessee [TA–W–60,835D]; and Kimberly Clark Global Sales, Irving, Texas [TA–W–60,835E]. In order for the Department to issue a certification of eligibility to apply for ATAA, the subject worker group must be certified eligible to apply for TAA. Since the subject workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 36733 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 Kimberly Clark Corporation located at Kimberly Clark World-Wide, Neenah, Wisconsin [TA–W–60,835]; Kimberly Clark Global Sales, Roswell, Georgia [TA–W– 60,835A]; Kimberly Clark World-Wide, Roswell, Georgia [TA–W–60,835B]; Kimberly Clark Global Sales, Knoxville, Tennessee [TA–W–60,835C]; Kimberly Clark World-Wide, Knoxville, Tennessee [TA–W–60,835D]; and Kimberly Clark Global Sales, Irving, Texas [TA–W–60,835E]. Signed at Washington, DC, this 27th day of June 2007. Elliott S. Kushner; Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–12910 Filed 7–3–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–61,623] Mahle Inc., Holland, MI; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on June 5, 2007 in response to a petition filed by a company official on behalf of workers at MAHLE Inc., Holland, Michigan. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 22nd day of June, 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–12907 Filed 7–3–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–61,234] Penn Mould Industries, Inc., Washington, PA; Notice of Revised Determination on Reconsideration By letter dated June 11, 2007 the United Steelworkers of America, District 10 requested administrative reconsideration regarding the E:\FR\FM\05JYN1.SGM 05JYN1

Agencies

[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Notices]
[Pages 36732-36733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12910]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration


Notice of Negative Determination on Reconsideration

    TA-W-60,835, Kimberly Clark Corporation, Kimberly Clark World-Wide, 
Neenah, Wisconsin.
    TA-W-60,835A, Kimberly Clark Global Sales, Roswell, Georgia.
    TA-W-60,835B, Kimberly Clark World-Wide, Roswell, Georgia.
    TA-W-60,835C, Kimberly Clark Global Sales, Knoxville, Tennessee.
    TA-W-60,835D, Kimberly Clark World-Wide, Knoxville, Tennessee.
    TA-W-60,835E, Kimberly Clark Global Sales, Irving, Texas.
    On May 29, 2007, the Department of Labor (Department) issued an 
Affirmative Determination Regarding Application for Reconsideration for 
workers and former workers of several Kimberly Clark Corporation (the 
subject firm) locations: Kimberly Clark World-Wide, Neenah, Wisconsin 
[TA-W-60,835]; Kimberly Clark Global Sales, Roswell, Georgia [TA-W-
60,835A]; Kimberly Clark World-Wide, Roswell, Georgia [TA-W-60,835B]; 
Kimberly Clark Global Sales, Knoxville, Tennessee [TA-W-60,835C]; 
Kimberly Clark World-Wide, Knoxville, Tennessee [TA-W-60,835D]; and 
Kimberly Clark Global Sales, Irving, Texas [TA-W-60,835E].
    The Department's Notice of Affirmative Determination was published 
in the Federal Register on June 7, 2007 (72 FR 31612). Workers provided 
administrative support to various affiliated subject firm facilities.
    The negative determination regarding the subject workers' 
eligibility to apply for Trade Adjustment Assistance (TAA) and 
Alternative Trade Adjustment Assistance (ATAA) stated that the worker 
separations are not caused by imports but by the subject firm's 
decision to outsource administrative support positions, and that the 
separations cannot be directly attributed to imports or a shift in 
production of an article. The determination also states that workers at 
Kimberly Clark Corporation, Kimberly-Clark Global Sales, Neenah, 
Wisconsin are eligible to

[[Page 36733]]

apply for TAA and ATAA under TA-W-60,017 (expires September 26, 2008).
    In the request for reconsideration, counsel for the subject firm 
alleged that the petitioning worker groups either had a direct link to 
or directly supported production at affiliated certified production 
facilities. The request also states that the separated workers are 
members of several groups within Kimberly Clark--Consumer Sales, 
Corporate Innovation, Finance and Accounting, and Sourcing and Supply 
Management.
    Subject firm counsel asserts that workers in the Consumer Sales 
group are directly linked to TAA-certified production facilities 
because they are engaged in the sale of the articles produced at those 
facilities.
    Subject firm counsel also asserts that workers in the Corporate 
Innovations group directly support production at TAA-certified subject 
firm facilities by responding to consumer complaints and providing 
feedback to other groups who use the feedback to improve the articles, 
and by engaging in the research and development of articles produced at 
TAA-certified subject firm facilities. Subject firm counsel notes in 
the request for reconsideration that several workers in the Corporate 
Innovations group are eligible to apply for TAA and ATAA under TA-W-
60,017.
    The request for reconsideration asserts that workers in the Finance 
and Accounting group directly support production at the subject firm's 
facilities because they are engaged in accounting and financing 
activities that ensure the continuous operation of subject firm 
production facilities.
    The request for reconsideration also asserts that workers in the 
Sourcing and Supply Management group directly support production at the 
subject firm's facilities because they procure materials, equipment, 
and services required for production at these facilities, and because 
they are engaged in commodity management related to articles produced 
by the subject firm.
    The workers separated from the subject firm are categorized as 
follows:

World-Wide, Neenah, Wisconsin [TA-W-60,835]

    The one worker separated at this site is a member of the Corporate 
Innovations group.

Global Sales, Roswell, Georgia [TA-W-60,835A]

    One worker separated at this site is a member of the Consumer Sales 
group and five workers separated at this site are members of the 
Corporate Innovations group.

World-Wide, Roswell, Georgia [TA-W-60,835B]

    The five workers separated at this site are members of the 
Corporate Innovations group.

Global Sales, Knoxville, Tennessee [TA-W-60,835C]

    One worker separated at this site is a member the Consumer Sales 
group, forty-three workers separated at this site are members of the 
Finance and Accounting group, and four workers separated at this site 
are members of the Sourcing and Supply Management group.

World-Wide, Knoxville, Tennessee [TA-W-60,835D]

    The one worker separated at this site is a member of the Corporate 
Innovations group.

Global Sales, Irving, Texas [TA-W-60,835E]

    The five workers separated at this site are members of the Consumer 
Sales group.
    The request for reconsideration also stated that, contrary to the 
Department's initial findings, the separated workers' positions were 
not outsourced but were eliminated as a result of decreased subject 
firm production.
    Although the Department contacted the subject firm during the 
reconsideration investigation to request additional information, no new 
information was provided.
    The Department has carefully reviewed the available material, and 
has determined that there is no evidence that the Department failed to 
consider any relevant fact or that the Department erred in its 
interpretation of the facts. As such, the Department affirms the 
negative determination applicable to subject firms workers at Kimberly 
Clark World-Wide, Neenah, Wisconsin [TA-W-60,835]; Kimberly Clark 
Global Sales, Roswell, Georgia [TA-W-60,835A]; Kimberly Clark World-
Wide, Roswell, Georgia [TA-W-60,835B]; Kimberly Clark Global Sales, 
Knoxville, Tennessee [TA-W-60,835C]; Kimberly Clark World-Wide, 
Knoxville, Tennessee [TA-W-60,835D]; and Kimberly Clark Global Sales, 
Irving, Texas [TA-W-60,835E].
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the subject worker group must be certified eligible 
to apply for 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 Kimberly Clark Corporation 
located at Kimberly Clark World-Wide, Neenah, Wisconsin [TA-W-60,835]; 
Kimberly Clark Global Sales, Roswell, Georgia [TA-W-60,835A]; Kimberly 
Clark World-Wide, Roswell, Georgia [TA-W-60,835B]; Kimberly Clark 
Global Sales, Knoxville, Tennessee [TA-W-60,835C]; Kimberly Clark 
World-Wide, Knoxville, Tennessee [TA-W-60,835D]; and Kimberly Clark 
Global Sales, Irving, Texas [TA-W-60,835E].

    Signed at Washington, DC, this 27th day of June 2007.
Elliott S. Kushner;
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-12910 Filed 7-3-07; 8:45 am]
BILLING CODE 4510-FN-P
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