Siny Corp, d/b/a Monterey Mills, Janesville, WI; Notice of Negative Determination Regarding Application for Reconsideration, 54858-54859 [E8-22123]

Download as PDF 54858 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices DEPARTMENT OF LABOR DEPARTMENT OF LABOR Employment and Training Administration Employment and Training Administration [TA–W–63,192] [TA–W–63,197] Shiloh Industries, Liverpool Manufacturing Division, Valley City, OH; Notice of Revised Determination on Reconsideration Dan River, Inc., Danville Operations, Danville, VA; Amended Notice of Revised Determination on Reconsideration 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 Notice of Revised Determination on Reconsideration on August 27, 2008, applicable to workers of Dan River, Inc., Danville Operations, Danville, Virginia. The notice was published in the Federal Register on September 8, 2008 (73 FR 52070–52071). At the request of the State agency, the Department reviewed the Notice of Revised Determination on Reconsideration for workers of the subject firm. The workers are engaged in the production of package labels and packaging material. The review shows that all workers of Dan River, Inc., Danville, Virginia, were previously certified eligible to apply for adjustment assistance under petition number TA–W–57,724, which expired on September 13, 2007. Therefore, in order to avoid an overlap in worker group coverage, the Department is amending the April 14, 2007 impact date established for TA– W–63,197 to read September 14, 2007. The amended notice applicable to TA–W–63,197 is hereby issued as follows: jlentini on PROD1PC65 with NOTICES ‘‘All workers of Dan River, Inc., Danville Operations, Danville, Virginia, who became totally or partially separated from employment on or after September 14, 2007 through August 27, 2010, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.’’ Signed in Washington, DC., this 15th day of September 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–22125 Filed 9–22–08; 8:45 am] BILLING CODE 4510–FN–P VerDate Aug<31>2005 16:54 Sep 22, 2008 Jkt 214001 On July 25, 2008, the Department issued a negative determination regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA) applicable to workers and former workers of Shiloh Industries, Liverpool Manufacturing Division, Valley City, Ohio (subject firm). The notice of determination was published in the Federal Register on August 12, 2008 (73 FR 46924). The petition for TAA and ATAA, dated April 14, 2008, was filed on behalf of the subject worker group by a representative of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America—United Auto Workers, Region 2–B (Union). The subject worker group produces automotive stampings and weldments (a unit formed by welding together an assembly of pieces). Workers are not separately identifiable by product line. The negative determination stated that the subject firm did not import automotive stampings and weldments in 2006 through March 2008, and did not shift production to a foreign country during the relevant period. The Department’s survey of the subject firm’s largest customers revealed that no customer which contributed significantly to the subject firm’s sales decline increased its imports during the relevant period. U.S. aggregate imports of motor vehicle metal stampings decreased in January through May 2008 compared with the corresponding 2007 period. The request for reconsideration alleges that the subject firm out-sourced to a foreign company the production of valve covers (a specific type of automotive stamping) and that the subject firm ‘‘may have lost work’’ to another domestic company, and that this domestic competitor ‘‘may be TAA eligible.’’ A careful review of previouslysubmitted information revealed that the Department investigated whether the subject firm had shifted production of automotive stampings or weldments to a foreign country or have scheduled any such shift, and that the subject firm did not and is not scheduled to shift PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 production. The review also revealed that a major declining customer increased their reliance on foreignproduced automotive stampings while decreasing purchases from the subject firm. In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department herein presents the results of its investigation regarding certification of eligibility to apply for ATAA. The Department has determined in this case that the group eligibility 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 during the reconsideration investigation, I determine that increases of imports of articles like or directly competitive with automotive stampings produced at the subject firm contributed importantly to the total or partial separation of the subject workers and to the decline in sales or production at that firm or subdivision. In accordance with the provisions of the Act, I make the following certification: ‘‘All workers of Shiloh Industries, Liverpool Manufacturing Division, Valley City, Ohio, who became totally or partially separated from employment on or after April 14, 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 eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.’’ Signed at Washington, DC, this 15th day of September 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–22124 Filed 9–22–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–62,895] Siny Corp, d/b/a Monterey Mills, Janesville, WI; Notice of Negative Determination Regarding Application for Reconsideration By application dated September 3, 2008, a petitioner requested administrative reconsideration of the Department’s negative determination E:\FR\FM\23SEN1.SGM 23SEN1 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices 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 28, 2008 and published in the Federal Register on August 12, 2008 (73 FR 46924). 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 mis-interpretation of facts or of the law justified reconsideration of the decision. The TAA petition, which was filed on behalf of workers at Siny Corporation, d/b/a Monterey Mills, Janesville, Wisconsin engaged in the production of acrylic knit pile fabric, was denied based on the findings that imports of acrylic knit pile fabric did not contribute importantly to worker separations at the subject firm and no shift in production to a foreign source occurred. In the request for reconsideration, the petitioner stated that workers of the subject firm were previously certified eligible for Trade Adjustment Assistance. The petitioner further stated that in order to reveal the import impact, the Department should consider the time period prior to 2006. The petitioner seems to allege that because the subject firm was previously certified eligible for TAA, the workers of the subject firm should be granted another TAA certification. When assessing eligibility for TAA, the Department exclusively considers import impact during the relevant time period (from one year prior to the date of the petition). Therefore, events occurring before 2006 are outside of the relevant period and are not relevant in this investigation. After careful review of the request for reconsideration, the Department determines that 29 CFR 90.18(c) has not been met. jlentini on PROD1PC65 with NOTICES 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 16:54 Sep 22, 2008 Jkt 214001 Labor’s prior decision. Accordingly, the application is denied. Signed at Washington, DC, this 15th day of September, 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–22123 Filed 9–22–08; 8:45 am] BILLING CODE 4510–FN–P 54859 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 12th day of September 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–22126 Filed 9–22–08; 8:45 am] DEPARTMENT OF LABOR BILLING CODE 4510–FN–P Employment and Training Administration DEPARTMENT OF LABOR [TA–W–63,278] Wheeling Pittsburgh Steel Corporation, Including On-Site Leased Workers from Pro Unlimited, Allenport, PA; Amended Notice of Revised Determination on Reconsideration 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 Notice of Revised Determination on Reconsideration on August 11, 2008. The notice was published in the Federal Register on August 19, 2008 (73 FR 48395). At the request of the State agency, the Department reviewed the Notice of Revised Determination on Reconsideration for workers of the subject firm. The workers are engaged in the production of cold rolled sheet coils. New information shows that leased workers from Pro Unlimited were employed on-site at the Allenport, Pennsylvania location of Wheeling Pittsburgh Steel Corporation. The Department has determined that these workers were sufficiently under the control of Wheeling Pittsburgh Steel Corporation to be considered leased workers. Based on these findings, the Department is amending this revised determination to include workers leased from Pro Unlimited working on-site at the Allenport, Pennsylvania location of the subject firm. The intent of the Department’s certification is to include all adversely affected secondary workers employed at Wheeling Pittsburgh Steel Corporation, Allenport, Pennsylvania. The amended notice applicable to TA–W–63,278 is hereby issued as follows: ‘‘All workers of Wheeling Pittsburgh Steel Corporation, including on-site leased workers from Pro Unlimited, Allenport, Pennsylvania, who became totally or partially separated from employment on or after April 21, 2007, through August 11, 2010, are eligible to apply PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 Employment and Training Administration [TA–W–63,575 etc.] Philips Consumer Lifestyle; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance Philips Consumer Lifestyle, Ledgewood, New Jersey, Including Employees of Philips Consumer Lifestyle, Ledgewood, New Jersey Working at Various Locations in the Following States: TA–W–63,575A, Arkansas; TA–W–63,575B, California; TA–W–63,575C, Florida; TA–W–63,575D, Minnesota; TA–W–63,575E, North Carolina; TA–W–63,575F, South Carolina; TA–W–63,575G, Texas; TA–W–63,575H, Virginia. 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 of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on July 16, 2008, applicable to workers of Philips Consumer Lifestyle, Ledgewood, New Jersey. The notice was published in the Federal Register on July 30, 2008 (73 FR 44284). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers were engaged in the production of antennas and packaged electronic accessories. New information shows that worker separations have occurred involving employees of the Ledgewood, New Jersey facility of Philips Consumer Lifestyle working at various locations in E:\FR\FM\23SEN1.SGM 23SEN1

Agencies

[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Notices]
[Pages 54858-54859]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22123]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,895]


Siny Corp, d/b/a Monterey Mills, Janesville, WI; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated September 3, 2008, a petitioner requested 
administrative reconsideration of the Department's negative 
determination

[[Page 54859]]

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 28, 2008 and published in the Federal Register on August 12, 2008 
(73 FR 46924).
    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 mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The TAA petition, which was filed on behalf of workers at Siny 
Corporation, d/b/a Monterey Mills, Janesville, Wisconsin engaged in the 
production of acrylic knit pile fabric, was denied based on the 
findings that imports of acrylic knit pile fabric did not contribute 
importantly to worker separations at the subject firm and no shift in 
production to a foreign source occurred.
    In the request for reconsideration, the petitioner stated that 
workers of the subject firm were previously certified eligible for 
Trade Adjustment Assistance. The petitioner further stated that in 
order to reveal the import impact, the Department should consider the 
time period prior to 2006. The petitioner seems to allege that because 
the subject firm was previously certified eligible for TAA, the workers 
of the subject firm should be granted another TAA certification.
    When assessing eligibility for TAA, the Department exclusively 
considers import impact during the relevant time period (from one year 
prior to the date of the petition). Therefore, events occurring before 
2006 are outside of the relevant period and are not relevant in this 
investigation.
    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 15th day of September, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-22123 Filed 9-22-08; 8:45 am]
BILLING CODE 4510-FN-P