R and S Vinyl Products Group L.L.C., Clarion, PA; Notice of Negative Determination Regarding Application for Reconsideration, 54940-54941 [E7-19027]

Download as PDF 54940 Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Notices TA–W–61,973; Hill Hosiery Mill, Inc., Hill Spinning Mill, Thomasville, NC: August 9, 2006. The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. None. rwilkins on PROD1PC63 with NOTICES Negative Determinations for Alternative Trade Adjustment Assistance In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified. The Department has determined that criterion (1) of Section 246 has not been met. The firm does not have a significant number of workers 50 years of age or older. TA–W–62,023; Selectrucks Refurbishing Center, Including Leased Workers of Aerotek, Manpower of Utan and Intermountain Staffing, Tooele, UT. The Department has determined that criterion (2) of Section 246 has not been met. Workers at the firm possess skills that are easily transferable. TA–W–61,715; Loxcreen Company, Inc., Plastic Division, Woodburn, OR. The Department has determined that criterion (3) of Section 246 has not been met. Competition conditions within the workers’ industry are not adverse. None. Negative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified. Because the workers of the firm are not eligible to apply for TAA, the workers cannot be certified eligible for ATAA. The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) (employment decline) have not been met. None. The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. None. The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in VerDate Aug<31>2005 16:40 Sep 26, 2007 Jkt 211001 production to a foreign country) have not been met. TA–W–61,975; R and R Manufacturing Company, Inc., Taunton, MA. The workers’ firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. None. The investigation revealed that criteria of Section 222(b)(2) has not been met. The workers’ firm (or subdivision) is not a supplier to or a downstream producer for a firm whose workers were certified eligible to apply for TAA. None. I hereby certify that the aforementioned determinations were issued during the period of September 10 through September 14, 2007. Copies of these determinations are available for inspection in Room C–5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: September 20, 2007. Ralph DiBattista, Director, Division of Trade Adjustment Assistance. [FR Doc. E7–19026 Filed 9–26–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–62,131] Neilsen Manufacturing Incorporated, Salem, Oregon; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on September 12, 2007 in response to a petition filed by a state representative on behalf of workers at Neilsen Manufacturing Incorporated, Salem, Oregon. The petitioner has requested that the petition be withdrawn. Consequently, further investigation would serve no purpose and the investigation has been terminated. However, all workers of the subject firm are covered by an existing certification, TA–W–58,056, that expires November 8, 2007. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 Signed in Washington, DC, this 20th day of September 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–19031 Filed 9–26–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–61,728] R and S Vinyl Products Group L.L.C., Clarion, PA; Notice of Negative Determination Regarding Application for Reconsideration By application of August 31, 2007, a petitioner requested administrative reconsideration of the Department’s negative determination regarding eligibility for workers and former workers of the subject firm to apply for Alternative Trade Adjustment Assistance (ATAA). The workers of R&S Vinyl Products Group LLC, Clarion, Pennsylvania were certified eligible to apply for Trade Adjustment Assistance (TAA) and denied to apply for ATAA on July 31, 2007. The denial notice was published in the Federal Register on August 14, 2007 (72 FR 45451). 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 group eligibility criteria for the ATAA program that the Department must consider under Section 246 of the Trade Act are: 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). The initial ATAA investigation determined that the skills of the subject worker group are easily transferable to other positions in the local area. In the request for reconsideration, the petitioner requested a review of the E:\FR\FM\27SEN1.SGM 27SEN1 Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Notices initial petition and to include the ATAA benefits. The petitioner appears to be under the impression that the workers eligibility for ATAA was not investigated in the original investigation. The Department reviewed the initial investigation and determined that subject workers eligibility for ATAA was investigated. The investigation revealed that workers’ skills are transferable to other positions within the commuting area. However, the Department conducted additional investigation on reconsideration and contacted a company official to determine if workers’ are eligible for ATAA. Based on a company official’s statements it was confirmed that there are several existing and new manufacturing facilities within the commuting area, which are in the process of hiring workers with skills similar to those possessed by the subject worker group. Consequently, the investigation confirmed that workers’ skills are easily transferable to other companies. 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 17th day of September 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–19027 Filed 9–26–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–61,785; TA–W–61,785A] rwilkins on PROD1PC63 with NOTICES Risdon International, Inc., Crown Risdon USA, Inc., Including On-Site Leased Workers of Manpower, Inc., Middletown, NY; Risdon International, Inc., Crown Risdon USA, Inc., Danbury, CT; 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 VerDate Aug<31>2005 16:40 Sep 26, 2007 Jkt 211001 Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on August 28, 2007, applicable to workers of Risdon International, Inc., Middletown, New York and Risdon International, Inc., Danbury, Connecticut. The notice was published in the Federal Register on September 11, 2007 (72 FR 51844). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The Middletown, New York workers are engaged in the production of cosmetic packaging. The Danbury, Connecticut workers store and distribute products manufactured by Risdon. New information shows that leased workers of Manpower, Inc. were employed on-site at the Middletown, New York location of Risdon International, Inc. The Department has determined that the Manpower, Inc. workers were sufficiently under the control of Risdon International, Inc. to be considered leased workers. The State agency reports that following a change in company ownership during 2006, some workers’ wages at the subject firm were reported under the Unemployment Insurance (UI) tax account for Crown Risdon USA, Inc. until November 2006. Based on these findings, the Department is amending this certification to include leased workers of Manpower, Inc. working on-site at the Middletown, New York location of the subject firm and to show a change in ownership. The intent of the Department’s certification is to include all workers of Risdon International, Inc., Middletown, New York and Risdon International, Inc., Danbury, Connecticut who were adversely affected by a shift in production of cosmetic packaging to Mexico. The amended notice applicable to TA–W–61,785 and TA–W–61,785A are hereby issued as follows: ’’All workers of Risdon International, Inc., Crown Risdon USA, Inc., including on-site leased workers of Manpower, Inc., Middletown, New York (TA–W–61,785) and Risdon International, Inc., Crown Risdon USA, Inc., Danbury, Connecticut (TA–W– 61,785A), who became totally or partially separated from employment on or after July 3, 2006, through August 28, 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.’’ PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 54941 Signed at Washington, DC, this 21st day of September 2007. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–19032 Filed 9–26–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–61,743] Risdon International, Inc., Crown Risdon USA, Inc., Including On-Site Leased Workers of Jaci Carroll Staffing Services, Inc., Watertown, CT; 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 28, 2007, applicable to workers of Risdon International, Inc., Watertown, Connecticut. The notice was published in the Federal Register on September 11, 2007 (72 FR 51844). 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 cosmetic packaging. New information shows that leased workers of Jaci Carroll Staffing Services, Inc. were employed on-site at the Watertown, Connecticut location of Risdon International, Inc. The Department has determined that the Jaci Carroll Staffing Services, Inc., workers were sufficiently under the control of Risdon International, Inc. to be considered leased workers. The State agency reports that following a change in company ownership during 2006, some workers’ wages at the subject firm were reported under the Unemployment Insurance (UI) tax account for Crown Risdon USA, Inc. until November 2006. Based on these findings, the Department is amending this certification to include leased workers of Jaci Carroll Staffing Services, Inc. working on-site at the Watertown, Connecticut location of the subject firm and to show a change in ownership. The intent of the Department’s certification is to include all workers of E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Notices]
[Pages 54940-54941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19027]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,728]


R and S Vinyl Products Group L.L.C., Clarion, PA; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application of August 31, 2007, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Alternative Trade Adjustment Assistance 
(ATAA).
    The workers of R&S Vinyl Products Group LLC, Clarion, Pennsylvania 
were certified eligible to apply for Trade Adjustment Assistance (TAA) 
and denied to apply for ATAA on July 31, 2007. The denial notice was 
published in the Federal Register on August 14, 2007 (72 FR 45451).
    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 group eligibility criteria for the ATAA program that the 
Department must consider under Section 246 of the Trade Act are:
    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).
    The initial ATAA investigation determined that the skills of the 
subject worker group are easily transferable to other positions in the 
local area.
    In the request for reconsideration, the petitioner requested a 
review of the

[[Page 54941]]

initial petition and to include the ATAA benefits. The petitioner 
appears to be under the impression that the workers eligibility for 
ATAA was not investigated in the original investigation.
    The Department reviewed the initial investigation and determined 
that subject workers eligibility for ATAA was investigated. The 
investigation revealed that workers' skills are transferable to other 
positions within the commuting area. However, the Department conducted 
additional investigation on reconsideration and contacted a company 
official to determine if workers' are eligible for ATAA. Based on a 
company official's statements it was confirmed that there are several 
existing and new manufacturing facilities within the commuting area, 
which are in the process of hiring workers with skills similar to those 
possessed by the subject worker group. Consequently, the investigation 
confirmed that workers' skills are easily transferable to other 
companies.

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 17th day of September 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-19027 Filed 9-26-07; 8:45 am]
BILLING CODE 4510-FN-P