Medtronic, Inc., Cardiovascular Division, Santa Rosa, CA; Notice of Negative Determination on Reconsideration, 54074-54075 [E7-18616]

Download as PDF 54074 Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Notices to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.’’ Signed at Washington, DC, this 6th day of September 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–18615 Filed 9–20–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–59,990] mstockstill on PROD1PC66 with NOTICES Honeywell Security and Custom Electronics, a Subsidiary of Honeywell International, Inc., Currently Known as Honeywell Security an Unincorporated Division of Honeywell International, Inc., Syosset, NY, Now Located in Melville, NY; Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on September 19, 2006, applicable to workers of Honeywell Security and Custom Electronics, a subsidiary of Honeywell International, Inc., Syosset, New York. The notice was published in the Federal Register October 2, 2006 (71 FR 58012). The certification was previously amended on September 27, 2006 to include the Ademco name and to correct the impact date. The notice was published in the Federal Register on October 4, 2006 (71 FR 58632) At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of alarm device equipment. New information shows that following a corporate decision, the subject firm is currently known as Honeywell Security, an unincorporated division of Honeywell International, Inc. Information also shows that in June 2007, the subject firm previously located in Syosset, New York has relocated to Melville, New York. Accordingly, the Department is amending this certification to correct the subject firm name and to reflect the new location Melville, New York. VerDate Aug<31>2005 18:17 Sep 20, 2007 Jkt 211001 The intent of the Department’s certification is to include all workers of Honeywell Security and Custom Electronics, a subsidiary of Honeywell International, Inc., currently known as Honeywell Security, an unincorporated division of Honeywell International, Inc., who were adversely affected a shift in production to Mexico. The amended notice applicable to TA–W–59,990 is hereby issued as follows: ‘‘All workers of Honeywell Security and Custom Electronics, a subsidiary of Honeywell International, Inc., currently known as Honeywell Security, an unincorporated division of Honeywell International, Inc., Syosset, New York, now located in Melville, New York, who became totally or partially separated from employment on or after January 7, 2006, through September 19, 2008, are eligible to 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.’’ Signed at Washington, DC, this 11th day of September 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–18614 Filed 9–20–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–61,696] Medtronic, Inc., Cardiovascular Division, Santa Rosa, CA; Notice of Negative Determination on Reconsideration On August 16, 2007, the Department issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of Medtronic, Inc., Cardiovascular Division, Santa Rosa, California (the subject firm). The Department’s Notice of Affirmative Determination was published in the Federal Register on August 27, 2007 (72 FR 49026). Workers produce cardiovascular stents (also known as coronary stents). The initial investigation revealed that the subject firm did not import cardiovascular stents during the relevant period, that the subject firm did not shift cardiovascular stent production abroad during the relevant period, and that the subject firm sold all cardiovascular stents to a foreign source. The Department did not conduct a survey of customer’s import purchases PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 because the subject firm sold all cardiovascular stents produced at the Santa Rosa facility to a foreign facility. In the request for reconsideration, the workers alleged that the subject firm shifted production to Ireland. To be certified under section (a)(2)(B) of the Trade Act, 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 is 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. During the reconsideration investigation, the Department found that cardiovascular stent production did shift to Ireland. However, Ireland does not have a free trade agreement with the United States and is not named as a beneficiary country under the Andean Trade Preference Act, the African Growth and Opportunity Act or the Caribbean Basin Economic Recovery Act. Further, the Department found that, following the shift of production abroad, the subject firm did not import or have plans to import articles that are like or directly competitive with the cardiovascular stents produced at the subject firm. 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 E:\FR\FM\21SEN1.SGM 21SEN1 Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Notices determination of eligibility to apply for worker adjustment assistance for workers and former workers of Medtronic, Inc., Cardiovascular Division, Santa Rosa, California. Signed at Washington, DC, this 11th day of September 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–18616 Filed 9–20–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–61,899] mstockstill on PROD1PC66 with NOTICES Ortronics, Incorporated, a Subsidiary of Legrand, including On-Site Leased Workers of Defender Services, Staffmasters USA and Holland Employment Group, Dallas, NC; Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on August 13, 2007, applicable to workers of Ortronics, Incorporated, a subsidiary of Legrand, including on-site leased workers from Defender Services, Dallas, Texas. The notice was published in the Federal Register on August 30, 2007 (72 FR 50126). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of structured cabling and fiber optic products. New information shows that leased workers of Staffmaster USA and Holland Employment Group were employed on-site at the Dallas, North Carolina location of Orthronics, Incorporated, a subsidiary of Legrand. The Department has determined that the Staffmaster USA and Holland Employment Group workers were sufficiently under the control of Ortronics, Incorporated to be considered leased workers. Based on these findings, the Department is amending this certification to include leased workers of Staffmaster USA and Holland Employment Group working on-site at VerDate Aug<31>2005 18:17 Sep 20, 2007 Jkt 211001 the Dallas, North Carolina location of the subject firm. The intent of the Department’s certification is to include all workers employed at Ortronics, Incorporated, a subsidiary of Legrand, Dallas, North Carolina who were adversely affected by a shift in production to Mexico. The amended notice applicable to TA–W–61,899 is hereby issued as follows: ‘‘All workers of Ortronics, Incorporated, a subsidiary of Legrand, including on-site leased workers of Defender Services, Staffmasters USA, and Holland Employment Group, Dallas, North Carolina, who became totally or partially separated from employment on or after July 27, 2006, through August 13, 2009, are eligible to 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.’’ Signed at Washington, DC, this 6th day of September 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–18618 Filed 9–20–07; 8:45 am] BILLING CODE 4510–FN–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 September 3 through September 7, 2007. 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; PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 54075 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. (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 E:\FR\FM\21SEN1.SGM 21SEN1

Agencies

[Federal Register Volume 72, Number 183 (Friday, September 21, 2007)]
[Notices]
[Pages 54074-54075]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18616]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,696]


Medtronic, Inc., Cardiovascular Division, Santa Rosa, CA; Notice 
of Negative Determination on Reconsideration

    On August 16, 2007, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Medtronic, Inc., Cardiovascular Division, Santa 
Rosa, California (the subject firm). The Department's Notice of 
Affirmative Determination was published in the Federal Register on 
August 27, 2007 (72 FR 49026). Workers produce cardiovascular stents 
(also known as coronary stents).
    The initial investigation revealed that the subject firm did not 
import cardiovascular stents during the relevant period, that the 
subject firm did not shift cardiovascular stent production abroad 
during the relevant period, and that the subject firm sold all 
cardiovascular stents to a foreign source. The Department did not 
conduct a survey of customer's import purchases because the subject 
firm sold all cardiovascular stents produced at the Santa Rosa facility 
to a foreign facility.
    In the request for reconsideration, the workers alleged that the 
subject firm shifted production to Ireland.
    To be certified under section (a)(2)(B) of the Trade Act, 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 is 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.
    During the reconsideration investigation, the Department found that 
cardiovascular stent production did shift to Ireland. However, Ireland 
does not have a free trade agreement with the United States and is not 
named as a beneficiary country under the Andean Trade Preference Act, 
the African Growth and Opportunity Act or the Caribbean Basin Economic 
Recovery Act. Further, the Department found that, following the shift 
of production abroad, the subject firm did not import or have plans to 
import articles that are like or directly competitive with the 
cardiovascular stents produced at the subject firm.
    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

[[Page 54075]]

determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Medtronic, Inc., Cardiovascular 
Division, Santa Rosa, California.

    Signed at Washington, DC, this 11th day of September 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-18616 Filed 9-20-07; 8:45 am]
BILLING CODE 4510-FN-P