Stauble Machine and Tool Co., Inc.: Louisville, KY; Notice of Revised Determination on Reconsideration, 4467-4468 [E9-1494]
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Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices
domestic customers. In this case the
survey was not conducted because all
moulds and related glass container
equipment was used internally in the
products of glassware. The subject firm
did not have external customers in the
relevant period and did not import
moulds and related glass container
equipment.
The petitioner alleged that subject
firm’s competitors import mould
equipment, thus having an advantage
over the subject firm in locating
potential customers.
The impact of competitors on the
domestic firms is revealed in an
investigation through customer surveys.
In the case at hand, in the absence of the
external customers, the Department
solicited information from the internal
customers of the subject firm to
determine if customers purchased
imported moulds and related glass
container equipment. The information
was intended to determine if competitor
imports contributed importantly to
layoffs at the subject firm. The
investigation revealed no imports of
moulds and related glass container
equipment during the relevant period.
The subject firm did not import moulds
and related glass container equipment
nor was there a shift in production from
subject firm abroad during 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 9th day of
January 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–1491 Filed 1–23–09; 8:45 am]
BILLING CODE 4510–FN–P
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17:20 Jan 23, 2009
Jkt 217001
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–64,338]
Pine Island Sportswear, Ltd, Monroe,
NC; Notice of Negative Determination
Regarding Application for
Reconsideration
By application dated January 7, 2009,
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 December
2, 2008 and published in the Federal
Register on December 18, 2008 (73 FR
77068).
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 filed on behalf of
workers at Pine Island Sportswear, Ltd.,
Monroe, North Carolina 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 even though production did not
occur at the subject facility in the
relevant period, workers of the subject
firm ‘‘should not be denied the same
rights as a production employee.’’ The
petitioner appears to allege that because
the subject firm once manufactured
articles and was previously certified
eligible for TAA, the workers of the
subject firm should be granted another
TAA certification.
The workers of Pine Island
Sportswear, Ltd., Monroe, North
Carolina were previously certified
eligible for TAA under petition numbers
TA–W–58,714, which expired on
January 31, 2008. The investigation
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
4467
revealed that production at the subject
firm ceased in February 2006.
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 considered
in this investigation.
The investigation revealed that
workers of the subject firm were
engaged in work related to
administrative and distribution during
the relevant period. 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
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 14th day of
January 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–1495 Filed 1–23–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–63,976]
Stauble Machine and Tool Co., Inc.:
Louisville, KY; Notice of Revised
Determination on Reconsideration
On December 10, 2008, the
Department issued an Affirmative
Determination Regarding Application
on Reconsideration applicable to
workers and former workers of the
subject firm. The notice was published
in the Federal Register on December 18,
2008 (73 FR 77064).
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4468
Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices
The previous investigation initiated
on September 3, 2008, resulted in a
negative determination issued on
November 7, 2008, was based on the
finding that imports of metal stamping
parts did not contribute importantly to
worker separations at the subject firm
and no shift in production to a foreign
source occurred. The denial notice was
published in the Federal Register on
November 25, 2008 (73 FR 71696).
On reconsideration, the Department
requested an additional list of customers
of the subject firm and conducted a
customer survey to determine whether
imports of metal stamping parts
negatively impacted employment at the
subject firm.
The survey of the major declining
customers revealed that the customers
increased imports of metal stamping
parts while decreasing purchases from
the subject firm during January through
August 2008 over the corresponding
2007 period.
In accordance with Section 246 the
Trade Act of 1974 (26 U.S.C. 2813), as
amended, the Department of Labor
herein presents the results of its
investigation regarding certification of
eligibility to apply for alternative trade
adjustment assistance (ATAA) for older
workers.
In order for the Department to issue
a certification of eligibility to apply for
ATAA, the group eligibility
requirements of Section 246 of the
Trade Act must be met. The Department
has determined in this case that the
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.
assistance under Section 246 of the Trade Act
of 1974.
Signed in Washington, DC this 15th day of
January 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–1494 Filed 1–23–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–64,742]
American Axle & Manufacturing, Inc.,
Detroit Forge Plant, Detroit, MI; Notice
of Termination of Investigation
In accordance with Section 221 of the
Trade Act of 1974, as amended, an
investigation was initiated on December
19, 2008, in response to a petition filed
by a Michigan State Workforce Office on
behalf of workers of American Axle &
Manufacturing, Inc., Detroit Forge Plant,
Detroit, Michigan.
The worker group is included in an
active certification which covers all
workers of American Axle &
Manufacturing, Inc., Detroit
Manufacturing Complex, Detroit,
Michigan (TA–W–64,083, amended).
Therefore, the petitioner has
requested that the petition be
withdrawn and the investigation has
been terminated.
Signed in Washington, DC, this 12th day of
January 2009.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–1481 Filed 1–23–09; 8:45 am]
BILLING CODE 4510–FN–P
Conclusion
After careful review of the additional
facts obtained on reconsideration, I
conclude that increased imports of
articles like or directly competitive with
those produced at Stauble Machine and
Tool Co., Inc., Louisville, Kentucky,
contributed importantly to the declines
in sales or production and to the total
or partial separation of workers at the
subject firm. In accordance with the
provisions of the Act, I make the
following certification:
All workers of Stauble Machine and Tool
Co., Inc., Louisville, Kentucky, who became
totally or partially separated from
employment on or after September 2, 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
VerDate Nov<24>2008
17:20 Jan 23, 2009
Jkt 217001
Employment and Training
Administration
[TA–W–64,546]
Hightower Technology Capital, Inc.:
Working On Site at Hewlett-Packard
Company; Vancouver, WA; Notice of
Termination of Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on November
26, 2008, in response to a worker
petition filed by a company official on
behalf of workers at Hightower
Technology Capital, Inc., working on
site at Hewlett-Packard Company,
Vancouver, Washington.
Frm 00101
Fmt 4703
Sfmt 4703
Signed at Washington, DC, this 9th day of
January 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–1482 Filed 1–23–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–64,536]
Industrial Paint and Strip, Inc.,
Woodsfield, OH; Notice of Termination
of Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on November
25, 2008 in response to a petition filed
by a company official on behalf of
workers of Industrial Paint and Strip,
Inc., Woodsfield, Ohio.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Signed at Washington, DC, this 15th day of
January 2009.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–1496 Filed 1–23–09; 8:45 am]
DEPARTMENT OF LABOR
PO 00000
There are two existing certifications
applicable to the petitioning group of
workers:
(1) Hewlett-Packard Company, Inkjet
Consumer Solutions, HP Consumer
Hardware Inkjet Lab, Vancouver,
Washington (TA–W–64,127; certified
October 23, 2008; amended January 9,
2009).
(2) Hewlett-Packard Company,
Imaging and Printing Group, Edgeline
Development and Light Production
Systems Operations Division, Edgeline
Development and Operations,
Vancouver, Washington (TA–W–64,633;
certified December 19, 2008).
Consequently, further investigation
would serve no purpose, and the
investigation has been terminated.
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–64,805]
Lane Home Furnishing (Wren), Tupelo,
MS; Notice of Termination of
Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
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]]>Agencies
[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Pages 4467-4468]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1494]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-63,976]
Stauble Machine and Tool Co., Inc.: Louisville, KY; Notice of
Revised Determination on Reconsideration
On December 10, 2008, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable to
workers and former workers of the subject firm. The notice was
published in the Federal Register on December 18, 2008 (73 FR 77064).
[[Page 4468]]
The previous investigation initiated on September 3, 2008, resulted
in a negative determination issued on November 7, 2008, was based on
the finding that imports of metal stamping parts did not contribute
importantly to worker separations at the subject firm and no shift in
production to a foreign source occurred. The denial notice was
published in the Federal Register on November 25, 2008 (73 FR 71696).
On reconsideration, the Department requested an additional list of
customers of the subject firm and conducted a customer survey to
determine whether imports of metal stamping parts negatively impacted
employment at the subject firm.
The survey of the major declining customers revealed that the
customers increased imports of metal stamping parts while decreasing
purchases from the subject firm during January through August 2008 over
the corresponding 2007 period.
In accordance with Section 246 the Trade Act of 1974 (26 U.S.C.
2813), as amended, the Department of Labor herein presents the results
of its investigation regarding certification of eligibility to apply
for alternative trade adjustment assistance (ATAA) for older workers.
In order for the Department to issue a certification of eligibility
to apply for ATAA, the group eligibility requirements of Section 246 of
the Trade Act must be met. The Department has determined in this case
that the 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 additional facts obtained on
reconsideration, I conclude that increased imports of articles like or
directly competitive with those produced at Stauble Machine and Tool
Co., Inc., Louisville, Kentucky, contributed importantly to the
declines in sales or production and to the total or partial separation
of workers at the subject firm. In accordance with the provisions of
the Act, I make the following certification:
All workers of Stauble Machine and Tool Co., Inc., Louisville,
Kentucky, who became totally or partially separated from employment
on or after September 2, 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 in Washington, DC this 15th day of January 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-1494 Filed 1-23-09; 8:45 am]
BILLING CODE 4510-FN-P
