Albany International Research Company, Mansfield, MA; Notice of Negative Determination Regarding Application for Reconsideration, 66275 [E8-26536]

Download as PDF ebenthall on PROD1PC60 with NOTICES Federal Register / Vol. 73, No. 217 / Friday, November 7, 2008 / Notices directly competitive with printed material. On reconsideration, the Department contacted the subject firm’s major declining customer that was surveyed during the initial investigation, and confirmed that the customer did not import articles like or directly competitive with the printed material produced by the subject firm. The customer also stated that it ceased purchasing from the subject firm because it transferred to a Web-based publication. The move from the print medium to an electronic medium was due to the interactive nature of the electronic medium and the customer’s advertisers’ demands. During the reconsideration investigation, the Department contacted a previously-unidentified customer of the subject firm and was informed that this customer did not award the subject firm the contract for printing its 2008 catalogue of products. Although the customer did consider awarding the contract to a Chinese company, the contract was awarded to a domestic company. During the reconsideration investigation, the Department obtained information regarding the printing industry in general. The information indicates that the rise of the digital media—and the attending changes in technology (such as new equipment and computer programs), operating procedures (like ‘‘on demand’’ or ‘‘short run’’ printing), and customers’ demands (including access to Internet links and ‘‘pop up’’ advertisements)—is the major factor in the decline in the printing industry. The fast-paced changes in this industry brought about by the everchanging nature of the digital media, compounded by aging infrastructure and the higher postage costs, have contributed to the closure of companies unable to adapt to the changing environment. Based on findings in the initial investigation and the reconsideration investigation, the Department determines that increased imports did not contribute importantly to the subject workers’ separations and subject firm sales/production declines. Therefore, the Department affirms that Section 222(a)(2)(A)(C) has not been met. In order for the Department to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance (ATAA), the subject worker group must be certified eligible to apply for Trade Adjustment Assistance (TAA). Since the subject workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. VerDate Aug<31>2005 15:04 Nov 06, 2008 Jkt 217001 Conclusion After careful reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Canterbury Printing Company of Rome Incorporated, Rome, New York. Signed at Washington, DC this 27th day of October 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–26537 Filed 11–6–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–63,574] Albany International Research Company, Mansfield, MA; Notice of Negative Determination Regarding Application for Reconsideration By application postmarked September 30, 2008, a company official 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 August 18, 2008 and published in the Federal Register on September 3, 2008 (73 FR 51530). 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 Albany International Research Company, Mansfield, Massachusetts was based on the finding that imports of prototype fabrics did not contribute importantly to worker separations at the subject plant and there was no shift of production to a foreign country during the relevant period. The ‘‘contributed importantly’’ test is generally demonstrated through a survey of the workers’ firm’s declining domestic customers. In this instance, the subject PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 66275 firm did not sell prototype fabrics to outside domestic customers, thus a survey was not conducted. The subject firm did not import prototype fabrics into the United States during the relevant period. In the request for reconsideration the petitioner states that employment at the subject facility will be negatively impacted by a shift in a portion of Research and Development work to England. According to the company official, the shift will be taking place on December 31, 2008. When assessing eligibility for TAA, the Department exclusively considers import impact during the relevant time period (one year prior to the date of the petition). Events occurring on December 31, 2008 are outside of the relevant time period as established by the petition date of June 19, 2008, and thus cannot be considered 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 these changing conditions. 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 22nd day of October 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–26536 Filed 11–6–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–63,962] GE Consumer and Industrial Lighting, Willoughby Lucalox Plant, Willoughby, OH; Notice of Negative Determination Regarding Application for Reconsideration By application dated October 10, 2008, IUE–CWA, Local 84707 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 September 24, E:\FR\FM\07NON1.SGM 07NON1

Agencies

[Federal Register Volume 73, Number 217 (Friday, November 7, 2008)]
[Notices]
[Page 66275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26536]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,574]


Albany International Research Company, Mansfield, MA; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application postmarked September 30, 2008, a company official 
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 August 18, 2008 and 
published in the Federal Register on September 3, 2008 (73 FR 51530).
    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 Albany International Research Company, Mansfield, Massachusetts was 
based on the finding that imports of prototype fabrics did not 
contribute importantly to worker separations at the subject plant and 
there was no shift of production to a foreign country during the 
relevant period. The ``contributed importantly'' test is generally 
demonstrated through a survey of the workers' firm's declining domestic 
customers. In this instance, the subject firm did not sell prototype 
fabrics to outside domestic customers, thus a survey was not conducted. 
The subject firm did not import prototype fabrics into the United 
States during the relevant period.
    In the request for reconsideration the petitioner states that 
employment at the subject facility will be negatively impacted by a 
shift in a portion of Research and Development work to England. 
According to the company official, the shift will be taking place on 
December 31, 2008.
    When assessing eligibility for TAA, the Department exclusively 
considers import impact during the relevant time period (one year prior 
to the date of the petition). Events occurring on December 31, 2008 are 
outside of the relevant time period as established by the petition date 
of June 19, 2008, and thus cannot be considered 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 these changing 
conditions.

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 22nd day of October 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-26536 Filed 11-6-08; 8:45 am]
BILLING CODE 4510-FN-P