Philip Morris Products International, LLC; McKenney, VA; Notice of Negative Determination Regarding Application for Reconsideration, 61689-61690 [E7-21355]
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rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Notices
of TAA is the manufacture of
marketable goods.
Congress has recognized the
difference between manufacturers and
service firms and that an amendment to
the Trade Act is needed to cover
workers in service firms. It has recently
rejected at least two attempts to amend
the Trade Act to expand TAA coverage
to service firms. It did not pass either
the ‘‘Trade Adjustment Assistance
Equity for Service Workers Act of 2005’’
or the ‘‘Fair Wage, Competition, and
Investment Act of 2005.’’ Most recently,
Senator Baucus introduced the ‘‘Trade
and Globalization Adjustment
Assistance Act of 2007,’’ which
provides for an expansion of coverage to
workers in a ‘‘service sector firm’’ when
there are increased imports of services
like or directly competitive with articles
produced or services provided in the
United States, or a shift in provision of
like or directly competitive articles or
services to a foreign country.
Thus, the definition of ‘‘article’’
continues to distinguish between firms
that manufacture articles and those that
provide services. Clearly, Congress has
specifically allowed TAA eligibility for
specific service industries. See, section
222(c)(2)(A), workers in the oil or
natural gas drilling or exploration field.
Omnibus Trade and Competitiveness
Act of 1988, Pub. L. No. 100–418,
§ 421(a)(1988). It has not done so here.
While the Plaintiffs assert that the
findings of Former Employees of
Electronic Data Systems Corporation v.
United States Secretary of Labor, Court
No. 03–00373, and Former Employees of
Gale Group, Inc. v. United States
Secretary of Labor, Court No. 04–00374,
and Former Employees of Tesco
Technologies, LLC v. United States
Secretary of Labor, Court No. 05–00264,
support their position that the subject
workers are eligible to apply for TAA,
Department believes that the cases do
not support certification here.
In Former Employees of Electronic
Data Systems Corporation and Former
Employees of Gale Group, Inc., the
Department certified the workers based
on the findings that the workers
produced an article, that there were
increased imports of articles like or
directly competitive with the software
code produced by the subject firm, and
the increased imports contributed
importantly to the workers’ separations.
In Former Employees Tesco
Technologies, LLC., the Department
certified the workers based on the
findings that there was a shift in
production abroad of articles like or
directly competitive with articles which
are produced by the subject firm
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17:45 Oct 30, 2007
Jkt 214001
followed by increased imports of such
articles contributed importantly to the
subject workers’ separations. Those
cases are not relevant because the
workers in the case at hand do not
produce an article for purposes of the
Trade Act.
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 and
alternative trade adjustment assistance
for workers and former workers of
Mortgage Guaranty Insurance
Corporation, Concord, California.
Signed at Washington, DC this 23rd day of
October 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–21354 Filed 10–30–07; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–61,958]
Philip Morris Products International,
LLC; McKenney, VA; Notice of
Negative Determination Regarding
Application for Reconsideration
By application postmarked October
10, 2007, the Bakery, Confectionery,
Tobacco Workers and Grain Millers
International Union, Local No. 358
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
27, 2007 and published in the Federal
Register on September 11, 2007 (72 FR
51845).
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
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61689
(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 Philip
Morris Products International, LLC,
McKenney, Virginia engaged in
production of partially stemmed tobacco
was denied because the ‘‘contributed
importantly’’ group eligibility
requirement of Section 222 of the Trade
Act of 1974, as amended, was not met.
The ‘‘contributed importantly’’ test is
generally demonstrated through a
survey of the workers’ firm’s declining
customers. The investigation revealed
that all partially stemmed tobacco
produced by the subject firm was
exported to other countries and the
subject firm had no domestic customers.
The investigation further revealed that
there was no shift in production from
that firm to a foreign country which is
a party to a Free Trade Agreement with
the United States or a beneficiary
country, nor did the subject firm import
partially stemmed tobacco in 2005, 2006
and January through July 2007.
The petitioner stated that even though
the workers of the subject firm produced
partially stemmed tobacco, Philip
Morris also produces cigarettes and
workers of the subject firm should be
considered as workers supporting
production of cigarettes. The petitioner
further stated that the parent company
of the subject firm closed cigarette
production facilities in Cabarras, North
Carolina, which would result in
increased imports of cigarettes into the
United States. The petitioner alleges
that because of these imports of
cigarettes, the workers of the subject
firm who produce partially stemmed
tobacco should be certified eligible for
TAA.
The Department contacted the
company official for further
clarification. The company official
stated that Philip Morris Products
International, LLC, McKenney, Virginia
is an Export Processing Facility, which
exclusively produces partially stemmed
tobacco for export. The company official
also confirmed that none of the partial
stemmed tobacco from the subject firm
was sold to any U.S. facilities in 2005,
2006 or 2007. The company official
further stated that the employees of the
subject firm did not support production
at any domestic facility, including the
domestic production facility in
Cabarrus, North Carolina. The official
further stated that the production from
the subject facility is being shifted to
Italy, Portugal, Malaysia, Russia, Greece
and the Ukraine, countries which are
not parties to a free trade agreement
with the United States or beneficiary
E:\FR\FM\31OCN1.SGM
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61690
Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Notices
countries. The subject firm is not
increasing imports of partially stemmed
tobacco after the shift.
In order to establish import impact,
the Department must consider imports
that are like or directly competitive with
those produced at the subject firm.
Imports of cigarettes cannot be
considered like or directly competitive
with partially stemmed tobacco
produced by Philip Morris Products
International, LLC, McKenney, Virginia
and imports of cigarettes are not
relevant in this investigation.
The subject firm reported no imports
of partially stemmed tobacco and there
are no domestic customers who
purchase partially stemmed tobacco
from the subject firm and who might
have increased imports of partially
stemmed tobacco 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 in Washington, DC, this 25th day of
October, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–21355 Filed 10–30–07; 8:45 am]
BILLING CODE 4510–FN–P
NATIONAL COUNCIL ON DISABILITY
Notice of Charter Renewal for the
Youth Advisory Committee
National Council on Disability.
Notice of renewal.
AGENCY:
rwilkins on PROD1PC63 with NOTICES
ACTION:
SUMMARY: This notice is published in
accordance with Section 9(a)(2) of the
Federal Advisory Committee Act of
1972 (Pub. L. 92–463). Following
consultation with the U.S. General
Services Administration, notice is
hereby given that the Chairperson of the
National Council on Disability (NCD) is
renewing the charter for the Youth
Advisory Committee. The purpose of
the Youth Advisory Committee is to
provide input into NCD activities
consistent with the values and goals of
the Americans with Disabilities Act.
FOR FURTHER INFORMATION CONTACT:
Gerrie Drake Hawkins, Ph.D., Senior
Program Analyst, National Council on
Disability, 1331 F Street, NW., Suite
850, Washington, DC 20004; 202–272–
2004 (voice), 202–272–2074 (TTY), 202–
VerDate Aug<31>2005
17:45 Oct 30, 2007
Jkt 214001
272–2022 (fax), youth@ncd.gov (e-mail).
The certification of Charter renewal is
published below:
Certification
I hereby certify that Charter renewal
of the Youth Advisory Committee is in
the public interest in connection with
the performance of duties imposed on
the National Council on Disability.
John R. Vaughn, Chairperson.
Dated: October 23, 2007.
Michael C. Collins,
Executive Director.
[FR Doc. E7–21461 Filed 10–30–07; 8:45 am]
BILLING CODE 6820–MA–P
are advised to contact Jenny Schmidt of
the President’s Committee seven (7)
days in advance of the meeting at (202)
682–5560 or write to the Committee at
1100 Pennsylvania Avenue, NW. Suite
526, Washington, DC 20506. Further
information with reference to this
meeting can also be obtained from Ms.
Schmidt.
If you need special accommodations
due to a disability, please contact the
Office of Accessability, National
Endowment for the Arts, 1100
Pennsylvania Avenue, NW. Suite 724,
Washington, DC 20506, (202) 682–5532,
TDY–TDD (202) 682–5560, at least
seven (7) days prior to the meeting.
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
National Endowment for the Arts;
President’s Committee on the Arts and
the Humanities: Meeting #62
Dated: October 26, 2007.
Kathy Plowitz-Worden,
Panel Coordinator, Panel Operations,
National Endowment for the Arts.
[FR Doc. E7–21445 Filed 10–30–07; 8:45 am]
BILLING CODE 7537–01–P
Pursuant to Section 10(a)(2) of the
Federal Advisory Committee Act (Pub.
L. 92–463), as amended, notice is hereby
given that a meeting of the President’s
Committee on the Arts and the
Humanities (PCAH) will be held on
November 15, 2007, from 2 p.m. to 5
p.m. (ending time is tentative). The
meeting will be held in the Salon IIIB,
The Ritz-Carlton , 1150 22nd Street,
Washington, DC 20037.
The Committee meeting will begin
with welcome, introductions, and
announcements. Updates and
discussion on recent programs and
activities will follow, including a focus
on PCAH’s international projects. The
meeting also will include a review of
PCAH ongoing programming for youth
arts and humanities learning,
preservation and conservation, and
special events. Karen Elias, Acting
General Counsel, National Endowment
for the Arts (NEA), will present the
annual ethics briefing for members. The
meeting will adjourn after discussion of
other business, as necessary, and closing
remarks.
The President’s Committee on the
Arts and the Humanities was created by
Executive Order in 1982, which
currently states that the ‘‘Committee
shall advise, provide recommendations
to, and assist the President, the National
Endowment for the Arts, the National
Endowment for the Humanities, and the
Institute of Museum and Library
Services on matters relating to the arts
and the humanities.’’
Any interested persons may attend as
observers, on a space available basis, but
seating is limited. Therefore, for this
meeting, individuals wishing to attend
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NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
Meeting of National Council on the
Humanities
The National Endowment for
the Humanities.
ACTION: Notice of Meeting.
AGENCY:
Pursuant to the provisions of the
Federal Advisory Committee Act (Pub.
L. 92–463, as amended) notice is hereby
given that the National Council on the
Humanities will meet in Washington,
DC on November 15–16, 2007.
The purpose of the meeting is to
advise the Chairman of the National
Endowment for the Humanities with
respect to policies, programs, and
procedures for carrying out his
functions, and to review applications for
financial support from and gifts offered
to the Endowment and to make
recommendations thereon to the
Chairman.
The meeting will be held in the Old
Post Office Building, 1100 Pennsylvania
Avenue, NW., Washington, DC. A
portion of the morning and afternoon
sessions on November 15–16, 2007, will
not be open to the public pursuant to
subsections (c)(4), (c)(6) and (c)(9)(B) of
section 552b of Title 5, United States
Code because the Council will consider
information that may disclose:
Trade secrets and commercial or
financial information obtained from a
person and privileged or confidential;
information of a personal nature the
disclosure of which would constitute a
clearly unwarranted invasion of
personal privacy; and information the
premature disclosure of which would be
E:\FR\FM\31OCN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 210 (Wednesday, October 31, 2007)]
[Notices]
[Pages 61689-61690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21355]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-61,958]
Philip Morris Products International, LLC; McKenney, VA; Notice
of Negative Determination Regarding Application for Reconsideration
By application postmarked October 10, 2007, the Bakery,
Confectionery, Tobacco Workers and Grain Millers International Union,
Local No. 358 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 27,
2007 and published in the Federal Register on September 11, 2007 (72 FR
51845).
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 Philip Morris Products
International, LLC, McKenney, Virginia engaged in production of
partially stemmed tobacco was denied because the ``contributed
importantly'' group eligibility requirement of Section 222 of the Trade
Act of 1974, as amended, was not met. The ``contributed importantly''
test is generally demonstrated through a survey of the workers' firm's
declining customers. The investigation revealed that all partially
stemmed tobacco produced by the subject firm was exported to other
countries and the subject firm had no domestic customers. The
investigation further revealed that there was no shift in production
from that firm to a foreign country which is a party to a Free Trade
Agreement with the United States or a beneficiary country, nor did the
subject firm import partially stemmed tobacco in 2005, 2006 and January
through July 2007.
The petitioner stated that even though the workers of the subject
firm produced partially stemmed tobacco, Philip Morris also produces
cigarettes and workers of the subject firm should be considered as
workers supporting production of cigarettes. The petitioner further
stated that the parent company of the subject firm closed cigarette
production facilities in Cabarras, North Carolina, which would result
in increased imports of cigarettes into the United States. The
petitioner alleges that because of these imports of cigarettes, the
workers of the subject firm who produce partially stemmed tobacco
should be certified eligible for TAA.
The Department contacted the company official for further
clarification. The company official stated that Philip Morris Products
International, LLC, McKenney, Virginia is an Export Processing
Facility, which exclusively produces partially stemmed tobacco for
export. The company official also confirmed that none of the partial
stemmed tobacco from the subject firm was sold to any U.S. facilities
in 2005, 2006 or 2007. The company official further stated that the
employees of the subject firm did not support production at any
domestic facility, including the domestic production facility in
Cabarrus, North Carolina. The official further stated that the
production from the subject facility is being shifted to Italy,
Portugal, Malaysia, Russia, Greece and the Ukraine, countries which are
not parties to a free trade agreement with the United States or
beneficiary
[[Page 61690]]
countries. The subject firm is not increasing imports of partially
stemmed tobacco after the shift.
In order to establish import impact, the Department must consider
imports that are like or directly competitive with those produced at
the subject firm. Imports of cigarettes cannot be considered like or
directly competitive with partially stemmed tobacco produced by Philip
Morris Products International, LLC, McKenney, Virginia and imports of
cigarettes are not relevant in this investigation.
The subject firm reported no imports of partially stemmed tobacco
and there are no domestic customers who purchase partially stemmed
tobacco from the subject firm and who might have increased imports of
partially stemmed tobacco 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 in Washington, DC, this 25th day of October, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-21355 Filed 10-30-07; 8:45 am]
BILLING CODE 4510-FN-P
