Chase Home Finance LLC, A Division of JP Morgan Chase & Co., Lexington, Kentucky; Notice of Negative Determination Regarding Application for Reconsideration, 25773-25774 [E8-10034]

Download as PDF Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices 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 at Washington, DC this 28th day of April 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–10033 Filed 5–6–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–62,629; TA–W–62,629A] sroberts on PROD1PC70 with NOTICES Giant Merchandising, Inc., Including On-Site Leased Workers From Priority Temporary Services, Partners In Diversity and Apple One Commerce, CA; Including An Employee in Support of Giant Merchandising, Inc., Commerce, CA Operating Out of Rochester, MN; 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 Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on January 28, 2008, applicable to workers of Giant Merchandising, Inc., including on-site leased workers from Priority Temporary Services, Partners In Diversity and Apple One, Commerce, California. The notice was published in the Federal Register on February 13, 2008 (73 FR 8369). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. New information shows that a worker separation (Mr. Halton Hamer) has occurred involving an employee in support of and under the control of the Commerce, California facility of Giant Merchandising, Inc. operating out of Rochester, Minnesota. Based on these findings, the Department is amending this certification to include an employee in support of the Commerce, California facility operating out of Rochester, Minnesota. The intent of the Department’s certification is to include all workers of Giant Merchandising, Inc., Commerce, VerDate Aug<31>2005 21:00 May 06, 2008 Jkt 214001 California who were adversely affected by a shift in production of screen printed apparel to Mexico. The amended notice applicable to TA–W–62,629 is hereby issued as follows: ‘‘All workers of Giant Merchandising, Inc., including on-site leased workers from Priority Temporary Services, Partners In Diversity, and Apple One, Commerce, California (TA–W–62,629), including an employee in support of Giant Merchandising, Inc., Commerce, California operating out of Rochester, Minnesota (TA–W–62,629A), who became totally or partially separated from employment on or after December 10, 2006, through January 28, 2010, 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 at Washington, DC, this 28th day of April 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–10029 Filed 5–6–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–62,659] Richloom Home Fashions, Division of Richloom Fabrics Corporation, Clinton, SC; Notice of Negative Determination on Reconsideration On March 27, 2008, the Department issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of the subject firm. The notice was published in the Federal Register on April 24, 2008 (73 FR 22166). The initial investigation resulted in a negative determination based on the finding that worker group does not produce an article within the meaning of section 222 for the Trade Act of 1974. In the request for reconsideration the petitioner stated that workers of the Sample Department of the subject firm produce samples of window treatments and bed coverings and requested that the Department conduct further investigation of the Sample Department. On reconsideration, the Department contacted a company official and requested additional information regarding the production of samples of window treatments and bed coverings. The investigation revealed that workers of the Sample Department, Richloom Home Fashions in Clinton, South PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 25773 Carolina manufacture samples of window treatments and bed coverings. However, the investigation also revealed that only one worker was separated from the Sample Department in 2007 and there was no threat of future separations. The subject company did not separate or threaten to separate a significant number or proportion of workers, as required by section 222 of the Trade Act of 1974. Significant number or proportion of the workers in a firm or appropriate subdivision means at least three workers in a workforce of fewer than 50 workers, five percent of the workers in a workforce of over 50 workers, or at least 50 workers. As employment levels at the subject facility did not decline during the relevant time period and there was no threat of separations during the relevant period, criterion (1) has not been met. Conclusion After reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Richloom Home Fashions, division of Richloom Fabrics Corporation, Clinton, South Carolina. Signed at Washington, DC this 28th day of April, 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–10030 Filed 5–6–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–62,927] Chase Home Finance LLC, A Division of JP Morgan Chase & Co., Lexington, Kentucky; Notice of Negative Determination Regarding Application for Reconsideration By application dated April 17, 2008, a petitioner 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 March 17, 2008 and published in the Federal Register on April 24, 2008 (73 FR 22170). Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances: E:\FR\FM\07MYN1.SGM 07MYN1 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]
[Pages 25773-25774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10034]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,927]


Chase Home Finance LLC, A Division of JP Morgan Chase & Co., 
Lexington, Kentucky; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application dated April 17, 2008, a petitioner 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 March 17, 2008 and 
published in the Federal Register on April 24, 2008 (73 FR 22170).
    Pursuant to 29 CFR 90.18(c) reconsideration may be granted under 
the following circumstances:

[[Page 25774]]

    (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 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