Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 32738-32739 [E8-12968]

Download as PDF 32738 Federal Register / Vol. 73, No. 112 / Tuesday, June 10, 2008 / Notices DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221(a) of the Trade Act of 1974 (‘‘the Act’’) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than June 20, 2008. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than June 20, 2008. The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C–5311, 200 Constitution Avenue, NW., Washington, DC 20210. Signed at Washington, DC, this 29th day of May 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. Appendix TAA PETITIONS INSTITUTED BETWEEN 5/19/08 AND 5/23/08 TA–W dwashington3 on PRODPC61 with NOTICES 63401 63402 63403 63404 63405 63406 63407 63408 63409 63410 63411 63412 63413 63414 63415 63416 63417 63418 63419 63420 63421 63422 63423 63424 63425 63426 63427 63428 63429 63430 63431 ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ VerDate Aug<31>2005 Date of institution Subject Firm (petitioners) Location Unifi, Inc. (Comp) ................................................................. NTN–BCA Corporation (USW) ............................................. Lear Corporation (UAW) ....................................................... FMC (Spring Hill Facility) (Wkrs) .......................................... Esselte Corporation (Comp) ................................................. Cocomo Apparel (State) ....................................................... Syngenta Crop Protection, Inc. (Comp) ............................... Milwaukee Electric Tool Corp. (Comp) ................................ Twigg Corporation (Wkrs) .................................................... Comau, Inc. (Wkrs) .............................................................. Pass & Seymour/Legrand (Comp) ....................................... Pfizer, Inc. (Wrks) ................................................................. Dana Corp Holding Co. (Comp) ........................................... Uster Technologies, Inc. (Comp) ......................................... Acklin Stamping Co. (Comp) ................................................ Novelis Aluminum (USWA) .................................................. Greene Plastics Corporation (Comp) ................................... Gramercy Jewelry Mfg. Corp. (Wkrs) ................................... Ansonia Copper and Brass (Comp) ..................................... Bernhardt Furniture Company (Comp) ................................. Kimble Chase LLC (Wkrs) .................................................... Springs Direct Division (Wkrs) ............................................. American Axle and Manufacturing (Wkrs) ........................... Ferguson Aluminum (Comp) ................................................ Steris Corporation (Comp) ................................................... Pacific Continental Apparel, Inc. (State) .............................. Lumberg Automation (Comp) ............................................... Markay Designs, Inc. (Comp) ............................................... Borgwarner Transmission Systems (Comp) ........................ Comau Inc. East (Union) ...................................................... Greenville Tool & Die Company (Comp) ............................. Staunton, VA ......................... Lititz, PA ................................ Tampa, FL ............................. South Charleston, WV .......... Buena Park, CA .................... Vernon, CA ........................... Bucks, AL .............................. Blytheville, AR ....................... Martinsville, IN ...................... Warren, MI ............................ Concord, NC ......................... Conshohocken, PA ............... Marion, IN ............................. Knoxville, TN ......................... Toledo, OH ............................ Louisville, KY ........................ Hope Valley, RI ..................... New York, NY ....................... Ansonia, CT .......................... Shelby, NC ............................ Vineland, NJ .......................... Lancaster, SC ....................... Tonawanda, NY .................... Olmsted, IL ............................ Erie, PA ................................. Rancho Dominguez, CA ....... Midlothian, VA ....................... Sophia, NC ............................ Frankfort, IL ........................... Macomb Twp., MI ................. Greenville, MI ........................ 15:35 Jun 09, 2008 Jkt 211001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\10JNN1.SGM 10JNN1 05/19/08 05/19/08 05/19/08 05/19/08 05/20/08 05/20/08 05/20/08 05/20/08 05/20/08 05/20/08 05/20/08 05/20/08 05/20/08 05/20/08 05/20/08 05/21/08 05/21/08 05/21/08 05/21/08 05/21/08 05/21/08 05/21/08 05/22/08 05/22/08 05/22/08 05/22/08 05/22/08 05/23/08 05/23/08 05/23/08 05/23/08 Date of petition 05/19/08 05/18/08 05/16/08 05/16/08 05/19/08 05/19/08 05/19/08 05/19/08 05/14/08 05/19/08 05/19/08 05/19/08 05/12/08 05/19/08 05/19/08 05/20/08 05/20/08 04/23/08 05/20/08 05/20/08 05/12/08 05/19/08 05/21/08 05/16/08 05/21/08 05/21/08 05/13/08 05/22/08 05/21/08 05/22/08 05/22/08 Federal Register / Vol. 73, No. 112 / Tuesday, June 10, 2008 / Notices [FR Doc. E8–12968 Filed 6–9–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–60,808] dwashington3 on PRODPC61 with NOTICES Invista, S.A.R.L., Nylon Apparel Filament Fibers Group, a Subsidiary of Koch Industries, Inc., Chattanooga, TN; Notice of Negative Determination on Remand On March 27, 2008, the U.S. Court of International Trade (USCIT) granted the Department of Labor’s motion for a second voluntary remand in Former Employees of Invista, S.A.R.L. v. U.S. Secretary of Labor, Court No. 07–00160. On December 15, 2006, an official of Invista, S.A.R.L., Nylon Apparel Filament Fibers Group, A Subsidiary of Koch Industries, Inc., Chattanooga, Tennessee (the subject firm) filed a petition for Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA) on behalf of workers and former workers at the subject firm engaged in activity related to the production of nylon fiber. AR 1. The company official stated that the ‘‘petition is a continuation of the shift of production to Mexico as described in TA–W–55,055 that expired August 20, 2006. After the shift in production to another country * * * . all orders continued to be processed from the United States until now. The Customer Service Representatives (CSRs) losing their jobs are being replaced by CSRs located in South America who will handle orders for companies located in the United States.’’ AR 2. The TAA/ATAA certification applicable TA–W–55,055 (issued August 20, 2004) was based on the Department’s findings that the subject firm shifted production of three types of nylon filament to Mexico. AR 5–6. The Department of Labor (Department) issued a negative determination regarding workers’ eligibility to apply for TAA/ATAA on February 7, 2007. The determination was based on the Department’s findings that, during the relevant period, the subject workers did not produce an article or support an appropriate subdivision that produced an article domestically, and, as such, cannot be adversely impacted or affected by a shift in production. AR 30–32. The Department’s Notice of determination was published in the Federal Register VerDate Aug<31>2005 15:35 Jun 09, 2008 Jkt 211001 on February 21, 2007 (72 FR 7909). AR 43. In the request for administrative reconsideration, dated February 18, 2007, a worker at the subject firm stated that after TA–W–55,055 was filed, the subject firm ceased to produce apparel textile and began producing Performance Materials. The worker also stated that ‘‘after the petition (TA–W– 55,055) expired, (the subject firm) let go the last of the apparel fibers personnel. Since I sold 100% apparel fiber, there was no reason to keep me.’’ AR 35. The worker further stated that ‘‘I was downsized, yet there were people in Brazil hired to do my work.’’ AR 36. In a subsequent letter, the worker who filed the request for reconsideration stated that ‘‘I was informed by management on 11/14/06, that my job was being split up; part of it going to Brazil and part going to Wilmington, Delaware.’’ AR 37. The worker also stated that ‘‘All the apparel people were let go. This is a direct result of the textile industry going to developing countries and the loss of textile manufacturing in the U.S.’’ AR 38. In a letter dated March 15, 2007, the Department stated that the request for reconsideration was being dismissed because insufficient evidence was furnished to warrant reconsideration pursuant to 29 CFR 90.18(c) and reiterated that, because the subject workers did not produce an article or support domestic production of an article during the one year period prior to the petition, the subject workers are not eligible to apply for worker adjustment assistance under the Trade Act of 1974, as amended. AR 45. The Dismissal of Application for Reconsideration was issued on March 21, 2007. AR 47. The Department’s Notice of dismissal was published in the Federal Register on March 30, 2007 (72 FR 15169). AR 48. By application dated May 11, 2007, Plaintiffs sought review by the USCIT. The complaint stated that the certification of TA-W–55,055 was based on a shift of textile machines to Mexico and that the negative determination of TA–W–60,808 was ‘‘due to the machines having been shipped to Mexico more than a year earlier. Yet my job did not officially terminate till the reorganization to rid the Chattanooga plant of ALL textile employees.’’ Under the Trade Act of 1974, as amended, certification of group eligibility to apply for TAA will be issued provided that (1) a significant number or proportion of the workers of such workers’ firm, or an appropriate subdivision, have been totally or partially separated or are threatened to PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 32739 become totally or partially separated; and (2) there has been a shift in production from the workers’ firm or subdivision to an eligible foreign country of articles like or directly competitive with those produced by the subject firm or subdivision under section 222(a)(2)(B)(i); and, either the foreign country is a party to a free trade agreement with the United States under section 222(a)(2)(B)(ii)(I), is a beneficiary country under section 222(a)(2)(B)(ii)(II), or there has been or is likely to be an increase in imports of like or directly competitive articles. The Department interprets this standard for certification as requiring that the shift of production of an article to a foreign country must be a cause of the separations of workers of the firm that were engaged in or supported the production of that article. After the shift of nylon filament production to Mexico in 2004, the subject firm continued to employ the subject workers to market nylon apparel filament produced in Mexico and to process orders of nylon apparel filament produced in Mexico. AR 2, 26–27, 29, 35–38, SAR 8. Information provided by the subject firm during the remand investigation revealed that the workers’ separations are not related to the shift of production of apparel nylon filament to Mexico in 2004. During the relevant period, customer service functions were performed at Invista facilities in Canada, South America, Chattanooga, Tennessee, and Wilmington Delaware. The customer service functions were consolidated to Paulinia, Brazil, and Wilmington, Delaware due to a business decision to improve the efficiency of the customer service organization. At the time of plaintiff separations the subject firm terminated other workers whose functions were unrelated to the production of apparel nylon filaments. SAR 11, 18. The separated workers were ‘‘two (2) Apparel Nylon Customer Service Representatives located at Chattanooga, one (1) Performance Materials Customer Service Representative located at Chattanooga, and one (1) Performance Materials Product Coordinator located at Chattanooga.’’ SAR 8. The fact that two of the four separated workers worked on a product line (Performance Materials) whose production was not shifted to Mexico confirms the company’s statements that the layoffs were part of a business decision to increase efficiency in the customer service operation. This bolsters the conclusion that the plaintiff separations were not caused by the shift of production of E:\FR\FM\10JNN1.SGM 10JNN1

Agencies

[Federal Register Volume 73, Number 112 (Tuesday, June 10, 2008)]
[Notices]
[Pages 32738-32739]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12968]



[[Page 32738]]

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DEPARTMENT OF LABOR

Employment and Training Administration


Investigations Regarding Certifications of Eligibility To Apply 
for Worker Adjustment Assistance and Alternative Trade Adjustment 
Assistance

    Petitions have been filed with the Secretary of Labor under Section 
221(a) of the Trade Act of 1974 (``the Act'') and are identified in the 
Appendix to this notice. Upon receipt of these petitions, the Director 
of the Division of Trade Adjustment Assistance, Employment and Training 
Administration, has instituted investigations pursuant to Section 
221(a) of the Act.
    The purpose of each of the investigations is to determine whether 
the workers are eligible to apply for adjustment assistance under Title 
II, Chapter 2, of the Act. The investigations will further relate, as 
appropriate, to the determination of the date on which total or partial 
separations began or threatened to begin and the subdivision of the 
firm involved.
    The petitioners or any other persons showing a substantial interest 
in the subject matter of the investigations may request a public 
hearing, provided such request is filed in writing with the Director, 
Division of Trade Adjustment Assistance, at the address shown below, 
not later than June 20, 2008.
    Interested persons are invited to submit written comments regarding 
the subject matter of the investigations to the Director, Division of 
Trade Adjustment Assistance, at the address shown below, not later than 
June 20, 2008.
    The petitions filed in this case are available for inspection at 
the Office of the Director, Division of Trade Adjustment Assistance, 
Employment and Training Administration, U.S. Department of Labor, Room 
C-5311, 200 Constitution Avenue, NW., Washington, DC 20210.

    Signed at Washington, DC, this 29th day of May 2008.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.

Appendix

                              TAA Petitions Instituted Between 5/19/08 and 5/23/08
----------------------------------------------------------------------------------------------------------------
                                                                                      Date of         Date of
            TA-W              Subject Firm (petitioners)         Location           institution      petition
----------------------------------------------------------------------------------------------------------------
63401......................  Unifi, Inc. (Comp).........  Staunton, VA..........        05/19/08        05/19/08
63402......................  NTN-BCA Corporation (USW)..  Lititz, PA............        05/19/08        05/18/08
63403......................  Lear Corporation (UAW).....  Tampa, FL.............        05/19/08        05/16/08
63404......................  FMC (Spring Hill Facility)   South Charleston, WV..        05/19/08        05/16/08
                              (Wkrs).
63405......................  Esselte Corporation (Comp).  Buena Park, CA........        05/20/08        05/19/08
63406......................  Cocomo Apparel (State).....  Vernon, CA............        05/20/08        05/19/08
63407......................  Syngenta Crop Protection,    Bucks, AL.............        05/20/08        05/19/08
                              Inc. (Comp).
63408......................  Milwaukee Electric Tool      Blytheville, AR.......        05/20/08        05/19/08
                              Corp. (Comp).
63409......................  Twigg Corporation (Wkrs)...  Martinsville, IN......        05/20/08        05/14/08
63410......................  Comau, Inc. (Wkrs).........  Warren, MI............        05/20/08        05/19/08
63411......................  Pass & Seymour/Legrand       Concord, NC...........        05/20/08        05/19/08
                              (Comp).
63412......................  Pfizer, Inc. (Wrks)........  Conshohocken, PA......        05/20/08        05/19/08
63413......................  Dana Corp Holding Co.        Marion, IN............        05/20/08        05/12/08
                              (Comp).
63414......................  Uster Technologies, Inc.     Knoxville, TN.........        05/20/08        05/19/08
                              (Comp).
63415......................  Acklin Stamping Co. (Comp).  Toledo, OH............        05/20/08        05/19/08
63416......................  Novelis Aluminum (USWA)....  Louisville, KY........        05/21/08        05/20/08
63417......................  Greene Plastics Corporation  Hope Valley, RI.......        05/21/08        05/20/08
                              (Comp).
63418......................  Gramercy Jewelry Mfg. Corp.  New York, NY..........        05/21/08        04/23/08
                              (Wkrs).
63419......................  Ansonia Copper and Brass     Ansonia, CT...........        05/21/08        05/20/08
                              (Comp).
63420......................  Bernhardt Furniture Company  Shelby, NC............        05/21/08        05/20/08
                              (Comp).
63421......................  Kimble Chase LLC (Wkrs)....  Vineland, NJ..........        05/21/08        05/12/08
63422......................  Springs Direct Division      Lancaster, SC.........        05/21/08        05/19/08
                              (Wkrs).
63423......................  American Axle and            Tonawanda, NY.........        05/22/08        05/21/08
                              Manufacturing (Wkrs).
63424......................  Ferguson Aluminum (Comp)...  Olmsted, IL...........        05/22/08        05/16/08
63425......................  Steris Corporation (Comp)..  Erie, PA..............        05/22/08        05/21/08
63426......................  Pacific Continental          Rancho Dominguez, CA..        05/22/08        05/21/08
                              Apparel, Inc. (State).
63427......................  Lumberg Automation (Comp)..  Midlothian, VA........        05/22/08        05/13/08
63428......................  Markay Designs, Inc. (Comp)  Sophia, NC............        05/23/08        05/22/08
63429......................  Borgwarner Transmission      Frankfort, IL.........        05/23/08        05/21/08
                              Systems (Comp).
63430......................  Comau Inc. East (Union)....  Macomb Twp., MI.......        05/23/08        05/22/08
63431......................  Greenville Tool & Die        Greenville, MI........        05/23/08        05/22/08
                              Company (Comp).
----------------------------------------------------------------------------------------------------------------


[[Page 32739]]

[FR Doc. E8-12968 Filed 6-9-08; 8:45 am]
BILLING CODE 4510-FN-P
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