Philip Morris Products International, LLC; McKenney, VA; Notice of Negative Determination Regarding Application for Reconsideration, 61689-61690 [E7-21355]

Download as PDF 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 VerDate Aug<31>2005 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 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 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 31OCN1 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 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 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 31OCN1

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[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]


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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