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