Qimonda 200MM Facility, Including On-Site Leased Workers From Tokyo Electron America, Nikon Precision, Inc., and Ebara Technologies, Inc., Sandston, VA; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 10619 [E9-5179]
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Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices
(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 Department has consistently
determined that articles (whether
tangible or intangible) produced
incidental to the provision of a service
are not considered articles for purposes
of the Trade Act of 1974. Further, even
if the ‘‘Measurement Point Drawings
and Electronic Measurement files’’ were
articles, for purposes of the Trade Act,
the shift of production was not by the
subject firm but by the firm’s customer
(General Motors).
In order to apply for TAA, the subject
worker group must meet the group
eligibility requirements for directlyimpacted (primary) workers under
Section 222(a) of the Trade Act of 1974,
as amended, based on a shift of
production, the Department must find
that 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.
After careful review of the request for
reconsideration, the support
documentation, and previously
submitted materials, the Department
determines that there is no new
information that supports a finding that
Section 222 of the Trade Act of 1974
was satisfied and that no mistake or
misinterpretation of the facts or of the
law with regards to the number or
proportion of workers separated from
the subject firm during the relevant
period.
Conclusion
rwilkins on PROD1PC63 with NOTICES
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 3rd day of
March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–5180 Filed 3–10–09; 8:45 am]
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17:01 Mar 10, 2009
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11, 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.’’
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–64,401]
Qimonda 200MM Facility, Including OnSite Leased Workers From Tokyo
Electron America, Nikon Precision,
Inc., and Ebara Technologies, Inc.,
Sandston, VA; 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 December 11, 2008,
applicable to workers of Qimonda
200MM Facility, Sandston, Virginia.
The notice was published in the Federal
Register on December 30, 2008 (73 FR
79914).
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 DRAM semiconductor wafers.
New information shows that workers
leased from Ebara Technologies, Inc.,
were employed on-site at the Sandston,
Virginia location of Qimonda 200MM
Facility. The Department has
determined that these workers were
sufficiently under the control of
Qimonda 200MM Facility to be
considered leased workers.
Based on these findings, the
Department is amending this
certification to include workers leased
from Ebara Technologies, Inc., working
on-site at the Sandston, Virginia
location of the subject firm.
The intent of the Department’s
certification is to include all workers
employed at Qimonda 200MM Facility,
Sandston, Virginia who were adversely
affected by a shift in production to a
foreign country followed by increased
imports of articles like or directly
competitive with the DRAM
semiconductor wafers produced by the
subject firm.
The amended notice applicable to
TA–W–64,401 is hereby issued as
follows:
‘‘All workers of Qimonda 200MM Facility,
including on-site leased workers from Tokyo
Electron America, Nikon Precision, Inc., and
Ebara Technologies, Inc., who became totally
or partially separated from employment on or
after November 11, 2007 through December
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10619
Signed at Washington, DC, this 3rd day of
March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–5179 Filed 3–10–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–65,264]
Auto Truck Transport, Mount Holly,
North Carolina Terminal, Mount Holly,
NC; Notice of Termination of
Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on February
17, 2009, in response to a petition filed
on behalf of workers at Auto Truck
Transport, Mount Holly, North Carolina
Terminal, Mount Holly, North Carolina.
The petitioners have requested that
the petition be withdrawn.
Consequently, the investigation has
been terminated.
Signed at Washington, DC this 4th day of
March 2009.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–5187 Filed 3–10–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–65,152]
CCL Container, Hermitage, PA; Notice
of Termination of Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on February
6, 2009, in response to a petition filed
by a company official on behalf of
workers of CCL Container, Hermitage,
Pennsylvania.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
E:\FR\FM\11MRN1.SGM
11MRN1
]]>Agencies
[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Page 10619]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5179]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-64,401]
Qimonda 200MM Facility, Including On-Site Leased Workers From
Tokyo Electron America, Nikon Precision, Inc., and Ebara Technologies,
Inc., Sandston, VA; 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 December 11, 2008, applicable to workers of
Qimonda 200MM Facility, Sandston, Virginia. The notice was published in
the Federal Register on December 30, 2008 (73 FR 79914).
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 DRAM semiconductor wafers.
New information shows that workers leased from Ebara Technologies,
Inc., were employed on-site at the Sandston, Virginia location of
Qimonda 200MM Facility. The Department has determined that these
workers were sufficiently under the control of Qimonda 200MM Facility
to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Ebara Technologies, Inc.,
working on-site at the Sandston, Virginia location of the subject firm.
The intent of the Department's certification is to include all
workers employed at Qimonda 200MM Facility, Sandston, Virginia who were
adversely affected by a shift in production to a foreign country
followed by increased imports of articles like or directly competitive
with the DRAM semiconductor wafers produced by the subject firm.
The amended notice applicable to TA-W-64,401 is hereby issued as
follows:
``All workers of Qimonda 200MM Facility, including on-site
leased workers from Tokyo Electron America, Nikon Precision, Inc.,
and Ebara Technologies, Inc., who became totally or partially
separated from employment on or after November 11, 2007 through
December 11, 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 3rd day of March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-5179 Filed 3-10-09; 8:45 am]
BILLING CODE 4510-FN-P
