Stauble Machine and Tool Co., Inc.: Louisville, KY; Notice of Revised Determination on Reconsideration, 4467-4468 [E9-1494]

Download as PDF 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 VerDate Nov<24>2008 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). E:\FR\FM\26JAN1.SGM 26JAN1 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 E:\FR\FM\26JAN1.SGM 26JAN1

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