Hafner USA, Inc., New York, NY; Notice of Negative Determination on Reconsideration, 9430-9431 [E9-4546]

Download as PDF 9430 Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices By order of the Commission. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E9–4525 Filed 3–3–09; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on February 26, 2009, an electronic version of a proposed consent decree was lodged in the United States District Court for the Western District of North Carolina in State of North Carolina et al. v. El Paso Natural Gas Company, et al., No. 5:04 CV 38 (Consolidated Cases). The consent decree settles claims by the United States against Beaunit Corporation under Sections 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (‘‘CERCLA’’), as amended, 42 U.S.C. 9606 & 9607, in connection with the FCX Site, a facility approximately 1.5 miles west of downtown Statesville, Iredell County, North Carolina (the ‘‘Site’’). Under the terms of the proposed consent decree, Beaunit will pay the United States $846.54. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to United States Department of Justice, P.O. Box 7611, Washington, DC 20044–7611. Comments should refer to State of North Carolina et al. v. El Paso Natural Gas Company, et al., No. 5:04 CV 38 (Consolidated Cases) and DOJ # 90–11–3–08264. During the public comment period, the proposed consent decree may also be examined on the following U.S. Department of Justice Web site, http:// www.usdoj.gov/enrd/ Consent_Decrees.html. The consent decree may be examined at the Office of the United States Attorney for the Western District of North Carolina, The Carillon Bldg., 227 West Trade St., Suite 1700, Charlotte, North Carolina. A copy of the proposed Consent Decree may also be obtained by mail from the Consent Decree Library, U.S. Department of Justice, P.O. Box 7611, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia VerDate Nov<24>2008 15:08 Mar 03, 2009 Jkt 217001 Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation no. (202) 514–1547. In requesting a copy from the Consent Decree Library, please refer to the referenced case and DOJ Reference Number, and please enclose a check in the amount of $6.00 (25 cents per page reproduction cost) payable to the U.S. Treasury, or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Henry Friedman, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E9–4509 Filed 3–3–09; 8:45 am] Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor’s prior decision. The application is, therefore, granted. Signed at Washington, DC, this 24th day of February 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–4547 Filed 3–3–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR BILLING CODE 4410–15–P Employment and Training Administration DEPARTMENT OF LABOR [TA–W–64,190] Employment and Training Administration Hafner USA, Inc., New York, NY; Notice of Negative Determination on Reconsideration [TA–W–64,389] A. Schulmanm, Inc., Polybatch Color Center, Sharon Center, OH; Notice of Affirmative Determination Regarding Application for Reconsideration By application received on February 4, 2009, the petitioner requested administrative reconsideration of the 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 the subject firm. The determination was issued on December 22, 2008. The Notice of Determination was published in the Federal Register on January 14, 2009 (74 FR 2139). The initial investigation resulted in a negative determination based on the finding that imports of color concentrates 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 provided additional information regarding a shift in production of color concentrates to Mexico. The Department has carefully reviewed the request for reconsideration and the existing record and has determined that the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974. PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 On January 13, 2009, the Department issued an Affirmative Determination Regarding Application for Reconsideration of the 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 Hafner USA, Inc., New York, New York (subject firm). The Department’s Notice was published in the Federal Register on January 26, 2009 (74 FR 4460). The initial determination was based on the Department’s findings that the subject worker group does not support a firm or appropriate subdivision that produces an article domestically. In order to apply for TAA based on increased imports, the subject worker group must meet the group eligibility requirements under Section 222(a) of the Trade Act of 1974, as amended. Under Section 222(a)(2)(A), the following criteria must be met: A. A significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; and B. the sales or production, or both, of such firm or subdivision have decreased absolutely; and C. increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers’ separation or threat of separation and to the decline in sales or production of such firm or subdivision. E:\FR\FM\04MRN1.SGM 04MRN1 Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices 29 CFR 90.2 states that a group means ‘‘three or more workers in a firm or an appropriate subdivision thereof’’ and that a significant number or proportion of the workers means ‘‘at least three workers in a firm (or appropriate subdivision thereof) with a work force of fewer than 50 workers.’’ The regulation also states that ‘‘increased imports means that imports have increased either absolutely or relative to domestic production compared to a representative base period. The representative base period shall be one year consisting of the four quarters immediately preceding the date which is twelve months prior to the date of the petition.’’ Because the petition date is October 3, 2008, the relevant period (the twelve months prior to the date of the petition) is October 2007 through September 2008 and the representative base period is October 2006 through September 2007. The Department has carefully reviewed information submitted during the initial and reconsideration investigations. The Department determines that the petition did not cover a valid worker group (the group consisted of only two workers at the subject firm) and that, during relevant period, less that three workers were separated or were threatened with separation from the subject firm. Based on the information above, the Department determines that the group eligibility requirements under Section 222(a) of the Trade Act of 1974, as amended, were not met. Even if there was a valid worker group and the worker separation threshold was met, the Department would not have issued a certification applicable to the subject worker group. During the reconsideration investigation, the Department confirmed that the subject firm ceased production in the United Stated in 2005. The North Carolina facility identified in the request for reconsideration was a marketing office. The Virginia facility identified in the request for reconsideration (Hafner LLC, a subsidiary of Hafner, Inc., Gordonsville, Virginia) was certified on May 16, 2005 (TA–W–57,119) based on a shift of production to Canada. Because there was no domestic production during the relevant period, the Department determines that there was no domestic production that increased imports could have impacted. Further, the Department determines that there was no shift of production to a foreign country during the relevant period. VerDate Nov<24>2008 15:08 Mar 03, 2009 Jkt 217001 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. Conclusion After reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Hafner USA, Inc., New York, New York. Signed at Washington, DC, this 24th day of February 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–4546 Filed 3–3–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–61,780] Harman/Becker Automotive Systems, Inc., Including On-Site Leased Workers From Elwood Staffing, Account Temps and PMI, Currently Known as Spartan Staffing Martinsville, IN; 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 20, 2007, applicable to workers of Harman/Becker Automotive Systems, Inc., Martinsville, Indiana. The notice was published in the Federal Register on August 2, 2007 (72 FR 42436). 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 automotive speakers. New information shows that workers leased from Elwood Staffing, Account Temps and PMI, currently known as Spartan Staffing were employed on-site at the Martinsville, Indiana location of Harman/Becker Automotive Systems, Inc. The Department has determined that these workers were sufficiently PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 9431 under the control of Harman/Becker Automotive Systems, Inc. to be considered leased workers. Based on these findings, the Department is amending this certification to include workers leased from Elwood Staffing, Account Temps and PMI, currently known as Spartan Staffing, working on-site at the Martinsville, Indiana location of the subject firm. The intent of the Department’s certification is to include all workers employed at Harman/Becker Automotive Systems, Inc. who were adversely affected by a shift in production of automotive speakers to Mexico. The amended notice applicable to TA–W–61,780 is hereby issued as follows: All workers of Harman/Becker Automotive Systems, Inc., including on-site leased workers from Elwood Staffing, Account Temps and PMI, currently known as Spartan Staffing, Martinsville, Indiana, who became totally or partially separated from employment on or after June 28, 2006 through July 20, 2009, are eligible to apply 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 25th day of February 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–4542 Filed 3–3–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–63,939] Hewlett Packard Inkjet and Web Solutions Division Including On-Site Leased Workers From CDI, Manpower, Securitas Security Services USA, Volt Cable Consultants, D/B/A Black Box Network Services Managed Business Solutions and 888 Consulting Group, Inc., D/B/A TAC Worldside, Corvallis, OR; 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 E:\FR\FM\04MRN1.SGM 04MRN1

Agencies

[Federal Register Volume 74, Number 41 (Wednesday, March 4, 2009)]
[Notices]
[Pages 9430-9431]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4546]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,190]


Hafner USA, Inc., New York, NY; Notice of Negative Determination 
on Reconsideration

    On January 13, 2009, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration of the 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 Hafner USA, Inc., 
New York, New York (subject firm). The Department's Notice was 
published in the Federal Register on January 26, 2009 (74 FR 4460).
    The initial determination was based on the Department's findings 
that the subject worker group does not support a firm or appropriate 
subdivision that produces an article domestically.
    In order to apply for TAA based on increased imports, the subject 
worker group must meet the group eligibility requirements under Section 
222(a) of the Trade Act of 1974, as amended. Under Section 
222(a)(2)(A), the following criteria must be met:

    A. A significant number or proportion of the workers in such 
workers' firm, or an appropriate subdivision of the firm, have 
become totally or partially separated, or are threatened to become 
totally or partially separated; and
    B. the sales or production, or both, of such firm or subdivision 
have decreased absolutely; and
    C. increased imports of articles like or directly competitive 
with articles produced by such firm or subdivision have contributed 
importantly to such workers' separation or threat of separation and 
to the decline in sales or production of such firm or subdivision.


[[Page 9431]]


    29 CFR 90.2 states that a group means ``three or more workers in a 
firm or an appropriate subdivision thereof'' and that a significant 
number or proportion of the workers means ``at least three workers in a 
firm (or appropriate subdivision thereof) with a work force of fewer 
than 50 workers.'' The regulation also states that ``increased imports 
means that imports have increased either absolutely or relative to 
domestic production compared to a representative base period. The 
representative base period shall be one year consisting of the four 
quarters immediately preceding the date which is twelve months prior to 
the date of the petition.''
    Because the petition date is October 3, 2008, the relevant period 
(the twelve months prior to the date of the petition) is October 2007 
through September 2008 and the representative base period is October 
2006 through September 2007.
    The Department has carefully reviewed information submitted during 
the initial and reconsideration investigations. The Department 
determines that the petition did not cover a valid worker group (the 
group consisted of only two workers at the subject firm) and that, 
during relevant period, less that three workers were separated or were 
threatened with separation from the subject firm.
    Based on the information above, the Department determines that the 
group eligibility requirements under Section 222(a) of the Trade Act of 
1974, as amended, were not met.
    Even if there was a valid worker group and the worker separation 
threshold was met, the Department would not have issued a certification 
applicable to the subject worker group.
    During the reconsideration investigation, the Department confirmed 
that the subject firm ceased production in the United Stated in 2005. 
The North Carolina facility identified in the request for 
reconsideration was a marketing office. The Virginia facility 
identified in the request for reconsideration (Hafner LLC, a subsidiary 
of Hafner, Inc., Gordonsville, Virginia) was certified on May 16, 2005 
(TA-W-57,119) based on a shift of production to Canada.
    Because there was no domestic production during the relevant 
period, the Department determines that there was no domestic production 
that increased imports could have impacted. Further, the Department 
determines that there was no shift of production to a foreign country 
during the relevant period.
    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.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Hafner USA, Inc., New York, New York.

    Signed at Washington, DC, this 24th day of February 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-4546 Filed 3-3-09; 8:45 am]
BILLING CODE 4510-FN-P