Parlex U.S.A., Laminated Cable Division, Including On-Site Leased Workers of Technical Needs, Marathon, Atwork Personnel Methuen, MA; Notice of Revised Determination on Reconsideration, 25774 [E8-10032]
Download as PDF
<![CDATA[
sroberts on PROD1PC70 with NOTICES
25774
Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices
(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 misinterpretation of facts or of
the law justified reconsideration of the
decision.
The negative TAA determination
issued by the Department for workers of
Chase Home Finance LLC, a Division of
JP Morgan Chase & Co., Lexington,
Kentucky was based on the finding that
the worker group does not produce an
article within the meaning of Section
222 of the Trade Act of 1974.
The petitioner states that employment
at the subject firm was negatively
impacted by a shift of job functions to
the Philippines. The petitioner also
states that regardless of whether the
workers of the subject firm produce a
product or provide services, they should
be certified eligible for Trade
Adjustment Assistance.
The investigation revealed that the
workers of Chase Home Finance LLC, a
Division of JP Morgan Chase & Co.,
Lexington, Kentucky provide loan
services for home mortgages and home
equity lines of credit. These functions,
as described above, are not considered
production of an article within the
meaning of Section 222 of the Trade Act
of 1974.
The allegation of a shift to another
country might be relevant if it was
determined that workers of the subject
firm produced an article. Since the
investigation determined that workers of
Chase Home Finance LLC, a Division of
JP Morgan Chase & Co., Lexington,
Kentucky do not produce an article,
there cannot be imports nor a shift in
production of an ‘‘article’’ abroad within
the meaning of the Trade Act of 1974 in
this instance.
The petitioner did not supply facts
not previously considered; nor provide
additional documentation indicating
that there was either (1) a mistake in the
determination of facts not previously
considered or (2) a misinterpretation of
facts or of the law justifying
reconsideration of the initial
determination.
After careful review of the request for
reconsideration, the Department
determines that 29 CFR 90.18(c) has not
been met.
Conclusion
After review of the application and
investigative findings, I conclude that
there has been no error or
VerDate Aug<31>2005
21:00 May 06, 2008
Jkt 214001
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 30th day of
April 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–10034 Filed 5–6–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–62,771]
Parlex U.S.A., Laminated Cable
Division, Including On-Site Leased
Workers of Technical Needs,
Marathon, Atwork Personnel Methuen,
MA; Notice of Revised Determination
on Reconsideration
On April 1, 2008, the Department
issued an Affirmative Determination
Regarding Application on
Reconsideration applicable to workers
and former workers of the subject firm.
The notice was published in the Federal
Register on April 11, 2008 (73 FR
19896).
The previous investigation was
initiated on January 30, 2008, resulted
in a negative determination issued on
February 14, 2008, was based on the
finding that, during the relevant period,
the number of workers separated from
the subject did not constitute a
significant number or proportion of the
subject worker group (at least 5 percent)
and there was no threat of future
separations. The denial notice was
published in the Federal Register on
February 29, 2008 (73 FR 11153).
To support the request for
reconsideration, the petitioner supplied
additional information regarding
employment at the subject firm and
indicated that at the time the petition
was filed, there was a threat of worker
separations at the subject firm.
Upon further contact with the subject
firm’s company official, it was revealed
that the subject firm separated a
significant number of workers during
March 2008 and there is a threat of
future separations. The investigation
also revealed that the subject firm was
in the process of shifting production of
laminated cable to China. It is likely that
the company will increase imports of
laminated cable.
In accordance with section 246 the
Trade Act of 1974 (26 U.S.C. 2813), as
amended, the Department of Labor
PO 00000
Frm 00134
Fmt 4703
Sfmt 4703
herein presents the results of its
investigation regarding certification of
eligibility to apply for alternative trade
adjustment assistance (ATAA) for older
workers.
In order for the Department to issue
a certification of eligibility to apply for
ATAA, the group eligibility
requirements of section 246 of the Trade
Act must be met. The Department has
determined in this case that the
requirements of Section 246 have been
met.
A significant number of workers at the
firm are age 50 or over and possess
skills that are not easily transferable.
Competitive conditions within the
industry are adverse.
Conclusion
After careful review of the facts
obtained in the investigation, I
determine that there was a shift in
production from the workers’ firm or
subdivision to China of articles that are
like or directly competitive with those
produced by the subject firm or
subdivision, and there has been or is
likely to be an increase in imports of
like or directly competitive articles. In
accordance with the provisions of the
Act, I make the following certification:
All workers of Parlex U.S.A., Laminated
Cable Division, including on-site leased
workers of Technical Needs, Marathon,
Atwork Personnel, Methuen, Massachusetts,
who became totally or partially separated
from employment on or after January 29,
2007, through two years from the date of this
certification, 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 in Washington, DC this 28th day of
April 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–10032 Filed 5–6–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–63,222]
Brockway Mould, Inc., Brockport, PA;
Notice of Termination of Investigation
In accordance with Section 221 of the
Trade Act of 1974, as amended, an
investigation was initiated on April 21,
2008 in response to a worker petition
filed by a company official on behalf of
workers of Brockway Mould, Inc.,
Brockport, Pennsylvania.
E:\FR\FM\07MYN1.SGM
07MYN1
]]>Agencies
[Federal Register Volume 73, Number 89 (Wednesday, May 7, 2008)]
[Notices]
[Page 25774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10032]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-62,771]
Parlex U.S.A., Laminated Cable Division, Including On-Site Leased
Workers of Technical Needs, Marathon, Atwork Personnel Methuen, MA;
Notice of Revised Determination on Reconsideration
On April 1, 2008, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable to
workers and former workers of the subject firm. The notice was
published in the Federal Register on April 11, 2008 (73 FR 19896).
The previous investigation was initiated on January 30, 2008,
resulted in a negative determination issued on February 14, 2008, was
based on the finding that, during the relevant period, the number of
workers separated from the subject did not constitute a significant
number or proportion of the subject worker group (at least 5 percent)
and there was no threat of future separations. The denial notice was
published in the Federal Register on February 29, 2008 (73 FR 11153).
To support the request for reconsideration, the petitioner supplied
additional information regarding employment at the subject firm and
indicated that at the time the petition was filed, there was a threat
of worker separations at the subject firm.
Upon further contact with the subject firm's company official, it
was revealed that the subject firm separated a significant number of
workers during March 2008 and there is a threat of future separations.
The investigation also revealed that the subject firm was in the
process of shifting production of laminated cable to China. It is
likely that the company will increase imports of laminated cable.
In accordance with section 246 the Trade Act of 1974 (26 U.S.C.
2813), as amended, the Department of Labor herein presents the results
of its investigation regarding certification of eligibility to apply
for alternative trade adjustment assistance (ATAA) for older workers.
In order for the Department to issue a certification of eligibility
to apply for ATAA, the group eligibility requirements of section 246 of
the Trade Act must be met. The Department has determined in this case
that the requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over and
possess skills that are not easily transferable. Competitive conditions
within the industry are adverse.
Conclusion
After careful review of the facts obtained in the investigation, I
determine that there was a shift in production from the workers' firm
or subdivision to China of articles that are like or directly
competitive with those produced by the subject firm or subdivision, and
there has been or is likely to be an increase in imports of like or
directly competitive articles. In accordance with the provisions of the
Act, I make the following certification:
All workers of Parlex U.S.A., Laminated Cable Division,
including on-site leased workers of Technical Needs, Marathon,
Atwork Personnel, Methuen, Massachusetts, who became totally or
partially separated from employment on or after January 29, 2007,
through two years from the date of this certification, 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 in Washington, DC this 28th day of April 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-10032 Filed 5-6-08; 8:45 am]
BILLING CODE 4510-FN-P
