SB Acquisition, LLC, DBA Saunders Brothers Including On-Site Leased Workers From Manpower, Fryeburg, ME; Notice of Affirmative Determination Regarding Application for Reconsideration, 9432-9433 [E9-4548]

Download as PDF 9432 Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices Alternative Trade Adjustment Assistance on September 19, 2008, applicable to workers of Hewlett Packard, Inkjet and Web Solutions Division, including on-site leased workers from CDI, Manpower, Securitas Security Services USA and Volt, Corvallis, Oregon. The notice was published in the Federal Register on October 3, 2008 (73 FR 57682). The certification was amended on December 4, 2008 to include on-site leased workers from Cable Consultants, d/b/a Black Box Network Services. The notice was published in the Federal Register on December 15, 2008 (73 FR 76058). At the request of petitioners, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of inkjet supplies, particularly in jet printer cartridge heads. New information shows that workers leased from Managed Business Solutions and 888 Consulting Group, Inc., d/b/a TAC Worldwide were employed on-site at the Corvallis, Oregon location of Hewlett Packard, Inkjet and Web Solutions Division. The Department has determined that these workers were sufficiently under the control of the subject firm to be considered leased workers. Based on these findings, the Department is amending this certification to include leased workers from Managed Business Solutions and 888 Consulting Group, Inc., d/b/a TAC Worldwide working on-site at the Inkjet and Web Solutions Division, Corvallis, Oregon location of the subject firm. The amended notice applicable to TAW–63,939 is hereby issued as follows: All workers of Hewlett Packard, Inkjet and Web Solutions Division, including on-site leased workers from CDI, Manpower, Securitas Security Services USA, Volt, Managed Business Solutions and 888 Consulting Group, Inc., d/b/a TAC Worldwide, Corvallis, Oregon, engaged in the production of inkjet supplies, who became totally or partially separated from employment on or after August 26, 2007, through September 19, 2010, 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 20th day of February 2009. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–4545 Filed 3–3–09; 8:45 am] BILLING CODE 4510–FN–P VerDate Nov<24>2008 15:08 Mar 03, 2009 Jkt 217001 DEPARTMENT OF LABOR Employment and Training Administration [TA–W–62,932; TA–W–62,364E; TA–W– 62,364D; TA–W–62,364E] Keeper Corporation Including On-Site Leased Workers of AAA Staffing, North Windham, CT; Including Employees in Support of Keeper Corporation, North Windham, CT Working in the Following Locations: West Grove, PA; Bountiful, UT; 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 March 13, 2008, applicable to workers of Keeper Corporation, including leased workers of AAA Staffing, North Windham, Connecticut. The notice was published in the Federal Register on March 26, 2008 (73 FR 16064). The certification was amended on December 5, 2008 to include employees in support of the North Windham, Connecticut location working out of Lawrenceville, Georgia and Smyrna, Tennessee. The notice was published in the Federal Register on December 15, 2008 (73 FR 76058– 76059). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of cargo control products such as tie downs, towing straps and bungee cords. New information shows that worker separations have occurred involving employees in support of the North Windham, Connecticut facility of Keeper Corporation working out of West Grove, Pennsylvania and Bountiful, Utah. Mr. Paul Delaney and Mr. William Hill provided sales functions supporting the production of cargo control products such as tie down, towing straps and bungee cords at the North Windham, Connecticut location of the subject firm. Based on these findings, the Department is amending this certification to include employees of the North Windham, Connecticut facility of Keeper Corporation working out of West Grove, Pennsylvania and Bountiful, Utah. The intent of the Department’s certification is to include all workers of Keeper Corporation, North Windham, PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 Connecticut who was adversely affected by a shift in production of cargo control products such as tie downs, towing straps and bungee cords to China. The amended notice applicable to TA–W–62,932 is hereby issued as follows: All workers of Keeper Corporation, including on-site leased workers of AAA Staffing, North Windham, Connecticut (TA– W–62,932), all workers of Keeper Corporation, Manchester, Connecticut (TA– W–62,932A), including employees in support of Keeper Corporation, North Windham, Connecticut working out of Lawrenceville, Georgia (TA–W–62,932B), Smyrna, Tennessee (TA–W–62,932C), West Grove, Pennsylvania (TA–W–62,932D) and Bountiful, Utah (TA–W–62,932E), who became totally or partially separated from employment on or after February 28, 2007, through March 13, 2010, 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. E9–4543 Filed 3–3–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,505] SB Acquisition, LLC, DBA Saunders Brothers Including On-Site Leased Workers From Manpower, Fryeburg, ME; Notice of Affirmative Determination Regarding Application for Reconsideration By application dated January 29, 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 January 2, 2009. The Notice of Determination was published in the Federal Register on January 26, 2009 (74 FR 4464). The initial investigation resulted in a negative determination based on the finding that sales and production at the subject firm increased during the period of January through November 2008, when compared to the same period in 2007. E:\FR\FM\04MRN1.SGM 04MRN1 Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices In the request for reconsideration, the petitioner provided additional information indicating that sales and production at the subject facility declined during the relevant period and that the subject firm imported products like or directly competitive with the products manufactured at the subject firm. 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. 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 23rd day of February 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–4548 Filed 3–3–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–63,422] Springs Global U.S., Inc., Springs Direct Division, Springmaid Wamsutta Factory Store, Lancaster, SC; Notice of Revised Determination on Remand On February 6, 2009, the U.S. Court of International Trade (USCIT) remanded to the U.S. Department of Labor (Department) for further review Former Employees of Springs Global, Inc., Springs Global Direct Division, Springmaid-Wamsutta Factory Store, Lancaster, South Carolina (FEO Springs Global) v. United States, Court No. 08– 00255. On May 19, 2008, an official of Springs Global U.S. Inc. (subject firm) filed a petition for Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA) on behalf of workers of Springs Global U.S. Inc., Springs Global Direct Division, Springmaid-Wamsutta Factory Store, Lancaster, South Carolina (subject facility). The subject facility closed during February 2008. Prior to the closure, workers at the subject facility managed Springs Global, U.S., Inc. (subject firm) VerDate Nov<24>2008 15:08 Mar 03, 2009 Jkt 217001 retail operations, sold linen products manufactured by the subject firm to the public and other subject firm employees, and handled special orders for linen products placed by other subject firm employees. The negative determination, issued on May 30, 2008, stated that in order to be considered eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, the subject worker group must work for a ‘‘firm’’ or appropriate subdivision that produces an article domestically and there must be a relationship between the workers’ work and the article produced by the workers’ firm or appropriate subdivision. The determination also stated that although the subject firm produced an article, the subject workers did not support that production. The Department determined that the subject worker group cannot be considered import impacted or affected by a shift in production of an article. The Department’s Notice of determination was published in the Federal Register on June 16, 2008 (73 FR 34044). The Department did not receive a request for administrative reconsideration. In the complaint, Plaintiffs allege that workers at the subject facility, who ‘‘provided the means by which Springs Global dispensed of manufactured goods that were not able to be sold otherwise * * * thereby enabling the company’s production operations * * * to reduce their per-unit overhead and operate more efficiently,’’ should be treated like the workers covered by TA– W–62,768 (Springs Global U.S., Inc., Springs Direct Division, Corporate Support Group, Lancaster, South Carolina; certified February 14, 2008). Workers covered by TA–W–63,422 are located in the same building as workers covered by TA–W–62,786. Workers covered by TA–W–62,786 are engaged in production estimation, production scheduling, distribution, logistics, and operational services. The determination for TA–W–62,786 stated that the workers supported production at a TAA-certified facility (Springs Global U.S., Inc., Grace Complex, Bedding Division, Lancaster, South Carolina; TA–W–61,258) and that the worker separations are ‘‘related to a shift of production and increased imports of textile products.’’ The group eligibility requirements for directly-impacted workers under Section 222(a) of the Trade Act of 1974, as amended, based on a shift of production are satisfied if the criteria set forth under Section 222(a)(2)(B) have been met: PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 9433 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. There has been a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision, and one of the following must be satisfied: 1. The country to which the workers’ firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. The country to which the workers’ firm has shifted production of the articles is a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or there has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. On remand, the Department carefully reviewed the language of the statute, the Department’s policy, Plaintiffs’ submissions, and the administrative record. The intent of the Department is for a certification to cover all workers of the subject firm or appropriate subdivision who were adversely affected by increased imports of the article produced by the firm or a shift in production of the article, based on the investigation of the TAA/ATAA petition. After careful review on remand, the Department determines that a significant number or proportion of the workers in the appropriate subdivision of the subject firm was separated. Further, the Department determines that these workers performed activities related to the firm’s production of an article, that the firm shifted production of that article to a foreign country (and there were increased imports of like or directly competitive articles produced by the firm), and this shift in production was a factor in Plaintiffs’ separations. Based on the above, the Department determines that the group eligibility requirements under Section 222(a)(2)(B) of the Trade Act of 1974, as amended, have been met. In accordance with Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department herein presents the results of its investigation regarding certification of eligibility to apply for ATAA. The Department has determined in this case that the group eligibility 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. E:\FR\FM\04MRN1.SGM 04MRN1

Agencies

[Federal Register Volume 74, Number 41 (Wednesday, March 4, 2009)]
[Notices]
[Pages 9432-9433]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4548]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,505]


SB Acquisition, LLC, DBA Saunders Brothers Including On-Site 
Leased Workers From Manpower, Fryeburg, ME; Notice of Affirmative 
Determination Regarding Application for Reconsideration

    By application dated January 29, 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 
January 2, 2009. The Notice of Determination was published in the 
Federal Register on January 26, 2009 (74 FR 4464).
    The initial investigation resulted in a negative determination 
based on the finding that sales and production at the subject firm 
increased during the period of January through November 2008, when 
compared to the same period in 2007.

[[Page 9433]]

    In the request for reconsideration, the petitioner provided 
additional information indicating that sales and production at the 
subject facility declined during the relevant period and that the 
subject firm imported products like or directly competitive with the 
products manufactured at the subject firm.
    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.

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 23rd day of February 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-4548 Filed 3-3-09; 8:45 am]
BILLING CODE 4510-FN-P