Thomasville Furniture Industries, Inc., Upholstery Plant 9, Hickory, NC; Notice of Negative Determination Regarding Application for Reconsideration, 46039-46040 [E8-18171]
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46039
Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Notices
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 August 18, 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 August 18,
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 31st day of
July 2008.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
APPENDIX
[TAA petitions instituted between 7/21/08 and 7/25/08]
Subject firm
(petitioners)
Location
Lear Corporation (UAW) ..........................................................
Gentry Mills, Inc. (Comp) .........................................................
Canterbury Printing Company of Rome Incorporated (Comp)
Publishers Circulation Fulfillment (State) .................................
Quality Logistics Systems, Inc. (Comp) ...................................
Kim Taylor/Woodbridge Corporation (Union) ...........................
Auxora Wavelength Management & Control (Rep) .................
Martinrea Heavy Stampings, Inc. (State) .................................
3M Precision Optics (Wkrs) .....................................................
Alvan Motor Freight, Inc. (Wkrs) ..............................................
Hutchinson FTS, Inc. (Comp) ..................................................
California Professional Dyework, Inc. (Wkrs) ..........................
General Motors Powertrain Massena Castings (UAW) ...........
JIT Manufacturing, Inc. (Comp) ...............................................
Superior Sample Company (Wkrs) ..........................................
Quebecor World (Wkrs) ...........................................................
Select Industries (Wkrs) ...........................................................
Leggett and Platt (AFLCIO) .....................................................
Manugraph DGM, Inc. (Comp) ................................................
Chesapeake Hardwood Products, Inc. (Comp) .......................
Progressive Molded Products, Inc. (Comp) .............................
Allied Tube & Conduit (State) ..................................................
Center Manufacturing (UAW) ...................................................
Compucom Systems, Inc. (Wkrs) ............................................
Hydraulic Technologies LLC (Wkrs) ........................................
Tempel Steel Company (Wkrs) ................................................
Neison Plant 12 (Comp) ..........................................................
Mountain View Fabricating (Wkrs) ...........................................
TRW Automotive—Body Control Systems North America
(State).
All Wood Components, Inc. (Comp) ........................................
KLA-Tencor Corporation (Comp) .............................................
FCI USA, Inc. (Comp) ..............................................................
Vishay General Semiconductors (Comp) ................................
Alexvale Furniture/Kincaid Furniture Co.—Plant #1 (Comp) ...
Simplicity Manufacturing, Inc. (AFLCIO) ..................................
Fibre Container Company, Inc. (Comp) ...................................
Hynix Semiconductor (Wkrs) ...................................................
Fenton, MI ...............................
Albermarle, NC .......................
Rome, NY ...............................
Waltham, MA ..........................
DePere, WI .............................
Brodhead, WI ..........................
Baldwin Park, CA ....................
Shelbyville, KY ........................
Cincinnati, OH .........................
Kalamazoo, MI ........................
Livingston, TN .........................
City of Industry, CA ................
Massena, NY ..........................
Westfield, MA ..........................
Rochester, IN ..........................
Merced, CA .............................
Dayton, OH .............................
Nashville, TN ..........................
Millersburg, PA .......................
Chesapeake, VA .....................
McAllen, TX ............................
Pine Bluff, AR .........................
Bellevue, OH ...........................
Morris Plains, NJ ....................
Galion, OH ..............................
Chicago, IL ..............................
Lenoir, NC ...............................
Mountain View, MO ................
Winona, MN ............................
07/21/08
07/21/08
07/21/08
07/21/08
07/21/08
07/21/08
07/21/08
07/21/08
07/21/08
07/21/08
07/21/08
07/21/08
07/21/08
07/22/08
07/22/08
07/22/08
07/22/08
07/22/08
07/23/08
07/23/08
07/23/08
07/23/08
07/24/08
07/24/08
07/24/08
07/24/08
07/24/08
07/24/08
07/24/08
07/17/08
07/18/08
07/17/08
07/16/08
07/16/08
07/16/08
07/14/08
07/11/08
07/18/08
07/17/08
07/17/08
07/18/08
07/16/08
07/16/08
07/11/08
07/21/08
07/16/08
07/21/08
07/23/08
07/18/08
07/22/08
07/22/08
07/23/08
07/22/08
07/20/08
07/21/08
07/24/08
07/23/08
07/22/08
Union Gap, WA .......................
Tucson, AZ .............................
Novi, MI ...................................
Westbury, NY ..........................
Taylorsville, NC .......................
Port Washington, WI ...............
Martinsville, VA .......................
Eugene, OR ............................
07/24/08
07/24/08
07/24/08
07/25/08
07/25/08
07/25/08
07/25/08
07/25/08
07/23/08
07/23/08
07/21/08
07/24/08
07/23/08
07/24/08
07/24/08
07/24/08
TA-W
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[FR Doc. E8–18163 Filed 8–6–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
sroberts on PROD1PC70 with NOTICES
[TA–W–63,533]
Thomasville Furniture Industries, Inc.,
Upholstery Plant 9, Hickory, NC; Notice
of Negative Determination Regarding
Application for Reconsideration
By application dated July 17, 2008, a
company official requested
administrative reconsideration of the
VerDate Aug<31>2005
16:49 Aug 06, 2008
Jkt 214001
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
Date of
institution
Date of
petition
Department’s negative determination
regarding eligibility for workers and
former workers of the subject firm to
apply for Trade Adjustment Assistance
(TAA) and Alternative Trade
Adjustment Assistance (ATAA). The
denial notice was signed on July 2, 2008
and published in the Federal Register
on July 21, 2008 (73 FR 42371).
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
E:\FR\FM\07AUN1.SGM
07AUN1
46040
Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Notices
sroberts on PROD1PC70 with NOTICES
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 TAA petition, which was filed on
behalf of workers at Thomasville
Furniture Industries, Inc., Upholstery
Plant 9, Hickory, North Carolina
engaged in the production of
upholstered furniture, was denied based
on the findings that sales and
production of upholstered furniture at
the subject firm did not decrease from
2006 to 2007, and during the period of
January through May 2008 when
compared to the same period in 2007.
Furthermore, there was no shift in
production from the subject firm to a
foreign country during the relevant
period.
In the request for reconsideration, the
petitioner stated that in order to reveal
the negative trend in sales and
production, the Department should
investigate the time period prior to 2006
and compare current data with 2005. To
support his allegation, the petitioner
attached financial information for sister
plants from 2004, 2005 and 2006. The
information was submitted to the
Department in previous investigations,
which led to certifications of those
facilities. The petitioner seems to allege
that because those facilities were
previously certified eligible for TAA,
the workers of the subject firm should
be also eligible for TAA.
When assessing eligibility for TAA,
the Department exclusively considers
employment, production and sales
during the relevant time period (one
year prior to the date of the petition).
Therefore, events occurring in 2005 are
outside of the relevant time period and
are not relevant in this investigation.
Should conditions change in the
future, the company is encouraged to
file a new petition on behalf of the
worker group which will encompass an
investigative period that will include
any changing conditions.
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
VerDate Aug<31>2005
16:49 Aug 06, 2008
Jkt 214001
Labor’s prior decision. Accordingly, the
application is denied.
Signed at Washington, DC, this 31st day of
July, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–18171 Filed 8–6–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–63,420A]
Bernhardt Furniture Company,
Bernhardt Central Warehouse, Lenoir,
NC; Notice of Negative Determination
Regarding Application for
Reconsideration
By application dated July 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 June
13, 2008 and published in the Federal
Register on June 27, 2008 (73 FR 36576).
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 misinterpretation of facts or of
the law justified reconsideration of the
decision.
The negative TAA determination
issued by the Department for workers of
Bernhardt Furniture Company,
Bernhardt Central Warehouse, Lenoir,
North Carolina was based on the finding
that the subject firm 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.
The petitioner states that the workers
of the subject firm warehouse and sell
products exclusively manufactured by
Bernhardt in China. The petitioner
further states that the exported products
from China have poor quality and
require longer delivery periods. As a
result, customers of the subject firm
choose to purchase furniture
manufactured in the United States, thus
negatively impacting business at the
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
subject firm. The petitioner seems to
allege that because Chinese products are
less competitive than American-made,
workers of the subject firm, who
distribute foreign-made products should
be eligible for TAA.
To establish workers’ eligibility for
TAA, the Department determines
whether increased imports of foreign
manufactured products negatively
impact domestic production of those
products. In this case, however, the
workers state that imports of
upholstered furniture from China do not
have an impact on domestic production
of upholstered furniture. Moreover, the
petitioner states that domestic
customers actually prefer buying
domestic products. Therefore, based on
worker allegations, foreign imports
cannot negatively impact domestic
production of upholstered furniture.
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 1st day of
August 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–18169 Filed 8–6–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
TA–W–63,164
SB Acquisition, LLC, d/b/a Saunders
Brothers, Fryeburg, ME; Notice of
Termination of Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on April 9,
2008 in response to a worker petition
filed by the Maine State Workforce
E:\FR\FM\07AUN1.SGM
07AUN1
]]>Agencies
[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Notices]
[Pages 46039-46040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18171]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-63,533]
Thomasville Furniture Industries, Inc., Upholstery Plant 9,
Hickory, NC; Notice of Negative Determination Regarding Application for
Reconsideration
By application dated July 17, 2008, a company official requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former workers of
the subject firm to apply for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA). The denial notice was
signed on July 2, 2008 and published in the Federal Register on July
21, 2008 (73 FR 42371).
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
[[Page 46040]]
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 TAA petition, which was filed on behalf of workers at
Thomasville Furniture Industries, Inc., Upholstery Plant 9, Hickory,
North Carolina engaged in the production of upholstered furniture, was
denied based on the findings that sales and production of upholstered
furniture at the subject firm did not decrease from 2006 to 2007, and
during the period of January through May 2008 when compared to the same
period in 2007. Furthermore, there was no shift in production from the
subject firm to a foreign country during the relevant period.
In the request for reconsideration, the petitioner stated that in
order to reveal the negative trend in sales and production, the
Department should investigate the time period prior to 2006 and compare
current data with 2005. To support his allegation, the petitioner
attached financial information for sister plants from 2004, 2005 and
2006. The information was submitted to the Department in previous
investigations, which led to certifications of those facilities. The
petitioner seems to allege that because those facilities were
previously certified eligible for TAA, the workers of the subject firm
should be also eligible for TAA.
When assessing eligibility for TAA, the Department exclusively
considers employment, production and sales during the relevant time
period (one year prior to the date of the petition). Therefore, events
occurring in 2005 are outside of the relevant time period and are not
relevant in this investigation.
Should conditions change in the future, the company is encouraged
to file a new petition on behalf of the worker group which will
encompass an investigative period that will include any changing
conditions.
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 at Washington, DC, this 31st day of July, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-18171 Filed 8-6-08; 8:45 am]
BILLING CODE 4510-FN-P
