Precision Industries Fayetteville, AR; Notice of Termination of Investigation, 63930 [E7-22058]
Download as PDF
<![CDATA[
rfrederick on PROD1PC67 with NOTICES
63930
Federal Register / Vol. 72, No. 218 / Tuesday, November 13, 2007 / Notices
is supported by current regulation. 29
CFR section 90.11(c)(7) requires that the
petition includes a ‘‘description of the
articles produced by the workers’ firm
or appropriate subdivision, the
production or sales of which are
adversely affected by increased imports,
and a description of the imported
articles concerned. If available, the
petition should also include information
concerning the method of manufacture,
end uses, and wholesale or retail value
of the domestic articles produced and
the United States tariff provision under
which the imported articles are
classified.’’
In order to determine whether the
subject firm is a manufacturing firm, the
Department consulted the Web site for
the North American Industry
Classification System (NAICS). The
NAICS Web site (https://www.naics.com/
faq.htm#q1) states that ‘‘The North
American Industry Classification
System * * * was developed as the
standard for use by Federal statistical
agencies in classifying business
establishments for the collection,
analysis, and publication of statistical
data related to the business economy of
the U.S.’’ The NAICS designation
identifies the primary activity of the
company, which is useful in
understanding what a firm does for its
customers, which, in turn, aids in
determining whether a firm produces an
article or provides services for its
customers.
The subject firm is categorized in
NAICS subsection 541611
(‘‘Administrative Management and
General Management Consulting
Services’’). This category consists of
‘‘establishments primarily engaged in
providing operating advice and
assistance to businesses and other
organizations on administrative
management issues, such as financial
planning and budgeting, equity and
asset management, records management,
office planning, strategic and
organizational planning, site selection,
new business startup, and business
process improvement’’ and includes
‘‘establishments of general management
consultants that provide a full range of
administrative; human resource;
marketing; process, physical
distribution, and logistics; or other
management consulting services to
clients.’’
After careful review of the request for
reconsideration and previously
submitted information, the Department
determines that the subject firm is a
service firm and not a manufacturing
firm. As a corollary, the Department
determines that there was no shift of
production abroad.
VerDate Aug<31>2005
15:30 Nov 09, 2007
Jkt 214001
The Department operates the program
in accordance with current law, and
while the Department has discretion to
issue regulations and guidance on the
operation of a program that it is charged
with implementing, the Department
cannot expand the program to include
workers that Congress did not intend to
cover.
In 2002, while amending the Trade
Act, the Senate explained the purpose
and history of TAA:
Since it began, TAA for workers has
covered mostly manufacturing workers, with
a substantial portion of program participants
being steel and automobile workers in the
mid- to late-1970s to early 1980s, and light
industry and apparel workers in the mid- to
late-1990s. In fiscal years 1995 through 1999,
the estimated number of workers covered by
certifications under the two TAA for workers
programs averaged 167,000 annually,
reaching a high of about 228,000 in 1999,
despite a falling overall unemployment rate.
During the same period, approximately 784
firms were certified under the TAA for firms
program. Participating firms represent a
broad array of industries producing
manufactured products, including auto parts,
agricultural equipment, electronics, jewelry,
circuit boards, and textiles, as well as some
producers of agricultural and forestry
products.
S. Rep. 107–134, S. Rep. No. 134, 107th
Cong., 2nd Sess. 2002, 2002 WL 221903
(February 4, 2002)(emphasis added).
Clearly, the language suggests that the
focus 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 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, and
Congressman Rangel introduced a
similar bill in the House of
Representatives that was discussed in
late October 2007.
Until Congress amends the Trade Act
to cover service workers, in order to be
considered eligible to apply for
adjustment assistance under section 223
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
of the Trade Act of 1974, the worker
group seeking certification (or on whose
behalf certification is being sought)
must work for a firm or appropriate
subdivision that produces an article and
there must be a relationship between the
workers’ work and the article produced
by the workers’ firm or appropriate
subdivision that produces an article
domestically.
After careful review of the request for
reconsideration and previously
submitted materials, the Department
determines that there is no new
information that supports a finding that
section 222(a)(2) of the Trade Act of
1974 was satisfied and that there was no
mistake or misinterpretation of the facts
or the law.
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 5th day of
November 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–22062 Filed 11–9–07; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–62,322]
Precision Industries Fayetteville, AR;
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on October
23, 2007 in response to a worker
petition filed by an official of the United
Auto Workers on behalf of workers at
Precision Industries, Fayetteville,
Arkansas.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Signed at Washington, DC, this 5th day of
November, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–22058 Filed 11–9–07; 8:45 am]
BILLING CODE 4510–FN–P
E:\FR\FM\13NON1.SGM
13NON1
]]>Agencies
[Federal Register Volume 72, Number 218 (Tuesday, November 13, 2007)]
[Notices]
[Page 63930]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22058]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-62,322]
Precision Industries Fayetteville, AR; Notice of Termination of
Investigation
Pursuant to Section 221 of the Trade Act of 1974, as amended, an
investigation was initiated on October 23, 2007 in response to a worker
petition filed by an official of the United Auto Workers on behalf of
workers at Precision Industries, Fayetteville, Arkansas.
The petitioner has requested that the petition be withdrawn.
Consequently, the investigation has been terminated.
Signed at Washington, DC, this 5th day of November, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-22058 Filed 11-9-07; 8:45 am]
BILLING CODE 4510-FN-P
