CBC Latrobe Acquisition, LLC, a Subsidiary of City Brewery Company, LLC, Latrobe, PA; Notice of Negative Determination Regarding Application for Reconsideration, 76061-76062 [E8-29614]
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Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Notices
76061
TAA PETITIONS INSTITUTED BETWEEN 11/24/08 AND 11/28/08—Continued
Date of
institution
Date of
petition
TA–W
Subject firm (Petitioners)
Location
64521 ............
64522 ............
Goodrich Aerostructures (IAMAW) .................
American Axle and Manufacturing, Inc.
(State).
Kautex-Textron (Union) ...................................
United Airlines, Inc. (Union) ............................
Stamford Industrial Group (Wkrs) ...................
North American Lighting (Corporate Office)
(State).
LA-Z-BOY, Inc. of Arkansas (State) ...............
Fuji Photo Film, Inc. (Wkrs) ............................
Broyhill Plant #3 (Wkrs) ..................................
Fujimi Corporation (Comp) .............................
Beacon Looms, Inc. (Wkrs) ............................
F.L. Smithe Machine Company (IAWAW) ......
Racine Stamping Corporation (Comp) ...........
Siemens Energy and Automation, Inc.
(Comp).
Tricon Timber, LLC (Comp) ............................
Industrial Paint and Strip, Inc. (Comp) ...........
Mitel (Wkrs) .....................................................
Meadville Forging Company (Wkrs) ...............
Nu-Mode Manufacturing Co., Inc. (Comp) ......
Hancock and Moore, Inc. (Wkrs) ....................
North Douglas Wood Products, Inc. (Comp) ..
Mannatech, Inc. (Wkrs) ...................................
E. R. Wagner Manufacturing Company
(Wkrs).
Source Provides, Inc. (comprehensive logistic) (UAW).
Sanmina SCI (Wkrs) .......................................
Hightower Technology Capital, Inc. (Comp) ...
GKN Sinter Metals/St. Marys Plant (Wkrs) .....
Stuart Flooring Corporation (Comp) ...............
Bosal Industries (Comp) .................................
Chrysler Trenton Engine Plant (UAW) ...........
United Airlines/O’Hare Maintenance (Wkrs) ...
Bos Automotive (Wkrs) ...................................
Springs Creative Products Group (Comp) ......
Winchester Electronics Corporation (State) ...
Blair Mills, LLC (Comp) ...................................
Woodhead L.P. (Wkrs) ...................................
Ontario Die Company of America (Comp) ......
Chula Vista, CA ..............................................
Detroit, MI .......................................................
11/24/08
11/24/08
11/06/08
11/21/08
Wilmington, OH ...............................................
Sterling, VA .....................................................
Warren, OH .....................................................
Paris, IL ...........................................................
11/24/08
11/24/08
11/24/08
11/24/08
11/21/08
11/19/08
11/13/08
11/21/08
Siloam Springs, AR .........................................
Greenwood, SC ..............................................
Lenoir, NC .......................................................
Tualatin, OR ....................................................
Teaneck, NJ ....................................................
Duncansville, PA .............................................
Racine, WI ......................................................
El Paso, TX .....................................................
11/25/08
11/25/08
11/25/08
11/25/08
11/25/08
11/25/08
11/25/08
11/25/08
11/24/08
11/24/08
11/17/08
11/24/08
11/17/08
11/15/08
11/19/08
11/19/08
St. Regis, MT ..................................................
Woodsfield, OH ...............................................
Chandler, AZ ...................................................
Meadville, PA ..................................................
Taylorsville, NC ...............................................
Hickory, NC .....................................................
Drain, OR ........................................................
Coppell, TX .....................................................
Milwaukee, WI .................................................
11/25/08
11/25/08
11/25/08
11/25/08
11/26/08
11/26/08
11/26/08
11/26/08
11/26/08
11/24/08
11/18/08
11/24/08
11/24/08
11/25/08
11/25/08
10/30/08
11/21/08
11/24/08
Lansing, MI .....................................................
11/26/08
11/24/08
Turtle Lake, WI ...............................................
San Diego, CA ................................................
Kersey, PA ......................................................
Stuart, VA ........................................................
Lavonia, GA ....................................................
Port Huron, MI ................................................
Chicago, IL ......................................................
Morristown, TN ................................................
Rock Hall, SC .................................................
Wallingford, CT ...............................................
Belton, SC .......................................................
El Paso, TX .....................................................
Port Huron, MI ................................................
11/26/08
11/26/08
11/26/08
11/26/08
11/26/08
11/28/08
11/28/08
11/28/08
11/28/08
11/28/08
11/28/08
11/28/08
11/28/08
11/18/08
11/25/08
11/14/08
11/21/08
11/17/08
11/26/08
11/25/08
11/17/08
11/26/08
11/26/08
11/11/08
11/26/08
11/24/08
64523
64524
64525
64526
............
............
............
............
64527
64528
64529
64530
64531
64532
64533
64534
............
............
............
............
............
............
............
............
64535
64536
64537
64538
64539
64540
64541
64542
64543
............
............
............
............
............
............
............
............
............
64544 ............
64545
64546
64547
64548
64549
64550
64551
64552
64553
64554
64555
64556
64557
............
............
............
............
............
............
............
............
............
............
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............
[FR Doc. E8–29608 Filed 12–12–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–64,023]
pwalker on PROD1PC71 with NOTICES
CBC Latrobe Acquisition, LLC, a
Subsidiary of City Brewery Company,
LLC, Latrobe, PA; Notice of Negative
Determination Regarding Application
for Reconsideration
By application dated November 19,
2008, a petitioner requested
administrative reconsideration of the
Department’s negative determination
regarding eligibility to apply for Trade
Adjustment Assistance (TAA) and
Alternative Trade Adjustment
Assistance (ATAA), applicable to
VerDate Aug<31>2005
20:00 Dec 12, 2008
Jkt 217001
workers and former workers of the
subject firm. The denial notice was
signed on October 21, 2008 and
published in the Federal Register on
November 10, 2008 (73 FR 66677).
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 initial investigation resulted in a
negative determination was based on
the finding that imports of beer did not
contribute importantly to worker
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
separations at the subject facility and
there was no shift of production to a
foreign country. The subject firm did
not import beer during the relevant
period. The ‘‘contributed importantly’’
test is generally demonstrated through a
survey of the workers’ firm’s declining
domestic customers. A survey
conducted by the Department of Labor
revealed that a major customer did not
purchase imported beer in 2006, 2007
and during January through August
2008.
The petitioner provided a citation
from the 2007 shareholder report that
‘‘competitiveness with foreign product
on the shelves of distributors has
increased’’ and stated that the workers
of the subject firm should be eligible for
TAA because domestic production has
been ‘‘disrupted’’ by foreign products.
The investigation revealed no imports
of beer during the relevant period and
E:\FR\FM\15DEN1.SGM
15DEN1
76062
Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Notices
no shift of production to a foreign
source. Upon further review of the
initial investigation, it was revealed that
sales and production at the subject
facility have increased in the relevant
period. The subject firm was
anticipating a temporary shutdown at
the end of 2008 due to problems with
equipment. Therefore, the initial
determination document should have
also stated that criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) have not been met. Sales
and production of the subject firm
increased and there was no shift in
production to a foreign country in the
relevant period.
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 5th day of
December 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–29614 Filed 12–12–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–64,133]
pwalker on PROD1PC71 with NOTICES
Cencorp, LLC, Longmont, CO; Notice
of Negative Determination Regarding
Application for Reconsideration
By application dated November 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 October 23,
2008, and published in the Federal
VerDate Aug<31>2005
20:00 Dec 12, 2008
Jkt 217001
Register on November 10, 2008 (73 FR
66677).
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 TAA petition, which was filed on
behalf of workers at Cencorp, LLC,
Longmont, Colorado, was based on the
finding that the worker group does not
produce an article within the meaning
of Section 222 of the Trade Act of 1974.
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 and events which were
considered in the 2006 investigation.
The petitioner appears 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
production during the relevant time
period (from one year prior to the date
of the petition). Therefore, events
occurring in 2006 are outside of the
relevant period and are not relevant in
this investigation.
The investigation revealed that
workers of the subject firm were
engaged in field support services for the
foreign production of depaneling
equipment during the relevant period.
Specifically, the workers assisted their
parent company located abroad in
procuring materials. These functions, as
described above, are not considered to
be production of an article within the
meaning of Section 222 of the Trade
Act.
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
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
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 4th day of
December 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–29616 Filed 12–12–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–64,072]
Bowling Green Metalforming, Bowling
Green, KY; Notice of Termination of
Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on
September 18, 2008 in response to a
petition filed by a company official on
behalf of workers at Bowling Green
Metalforming, Bowling Green,
Kentucky. The workers at the subject
facility produce automotive stampings.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Signed in Washington, DC, this 5th day of
December 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–29615 Filed 12–12–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–64,565]
Dakkota Integrated Systems, Chicago,
IL; Notice of Termination of
Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on December
2, 2008 in response to a petition filed by
the United Automobile, Aerospace, and
Agricultural Implemental Workers
America—UAW, Local 3212 on behalf
E:\FR\FM\15DEN1.SGM
15DEN1
]]>Agencies
[Federal Register Volume 73, Number 241 (Monday, December 15, 2008)]
[Notices]
[Pages 76061-76062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29614]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-64,023]
CBC Latrobe Acquisition, LLC, a Subsidiary of City Brewery
Company, LLC, Latrobe, PA; Notice of Negative Determination Regarding
Application for Reconsideration
By application dated November 19, 2008, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA),
applicable to workers and former workers of the subject firm. The
denial notice was signed on October 21, 2008 and published in the
Federal Register on November 10, 2008 (73 FR 66677).
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 initial investigation resulted in a negative determination was
based on the finding that imports of beer did not contribute
importantly to worker separations at the subject facility and there was
no shift of production to a foreign country. The subject firm did not
import beer during the relevant period. The ``contributed importantly''
test is generally demonstrated through a survey of the workers' firm's
declining domestic customers. A survey conducted by the Department of
Labor revealed that a major customer did not purchase imported beer in
2006, 2007 and during January through August 2008.
The petitioner provided a citation from the 2007 shareholder report
that ``competitiveness with foreign product on the shelves of
distributors has increased'' and stated that the workers of the subject
firm should be eligible for TAA because domestic production has been
``disrupted'' by foreign products.
The investigation revealed no imports of beer during the relevant
period and
[[Page 76062]]
no shift of production to a foreign source. Upon further review of the
initial investigation, it was revealed that sales and production at the
subject facility have increased in the relevant period. The subject
firm was anticipating a temporary shutdown at the end of 2008 due to
problems with equipment. Therefore, the initial determination document
should have also stated that criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) have not been met. Sales and production of the subject
firm increased and there was no shift in production to a foreign
country in the relevant period.
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 5th day of December 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-29614 Filed 12-12-08; 8:45 am]
BILLING CODE 4510-FN-P
