Auto Truck Transport, Mount Holly, North Carolina Terminal, Mount Holly, NC; Notice of Termination of Investigation, 10619 [E9-5187]

Download as PDF 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] BILLING CODE 4510–FN–P VerDate Nov<24>2008 17:01 Mar 10, 2009 Jkt 217001 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 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 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: E9-5187]


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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

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