Kensington Windows, Inc., a Subsidiary of Jancor Companies, Inc., Vandergrift, PA; Notice of Affirmative Determination Regarding Application for Reconsideration, 12151 [E9-6239]
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Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices
Electronic Devices Corporation of
America, General and Administrative,
Production Engineering, Switch
Engineering, Knoxville, Tennessee.
The intent of the Department’s
certification is to include all workers at
the subject firm who were adversely
affected by the shift in production of
speakers to Mexico.
The Department has determined that
these workers were sufficiently under
the control of Panasonic Electronic
Devices Corporation of America to be
considered leased workers.
Based on these findings, the
Department is amending this
certification to include workers leased
from Johnson Service Group working
on-site at Panasonic Electronic Devices
Corporation of America, General and
Administrative, Production Engineering,
Switch Engineering, Knoxville,
Tennessee.
The amended notice applicable to
TA–W–64,135 is hereby issued as
follows:
‘‘All workers of Panasonic Electronic
Devices Corporation of America, General and
Administrative, Production Engineering,
Switch Engineering, Knoxville, Tennessee,
including on-site leased workers from
Express Employment Professionals and
Johnson Service Group, who became totally
or partially separated from employment on or
after September 29, 2007 through October 14,
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.’’
Adjustment Assistance (ATAA)
applicable to workers and former
workers of the subject firm. The
determination was issued on January 9,
2009. The Notice of Determination was
published in the Federal Register on
February 2, 2009 (74 FR 5871).
The initial investigation resulted in a
negative determination based on the
finding that imports of vinyl
replacement windows and doors did not
contribute importantly to worker
separations at the subject firm and no
shift of production to a foreign source
occurred.
In the request for reconsideration, the
petitioner provided additional
information regarding imports of vinyl
replacement windows and doors and
alleged that the customers might have
increased imports of vinyl replacement
windows and doors in the relevant
period.
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 12th day of
March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–6239 Filed 3–20–09; 8:45 am]
BILLING CODE 4510–FN–P
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
DEPARTMENT OF LABOR
Employment and Training
Administration
Employment and Training
Administration
[TA–W–64,452]
[TA–W–64,681]
Kensington Windows, Inc., a
Subsidiary of Jancor Companies, Inc.,
Vandergrift, PA; Notice of Affirmative
Determination Regarding Application
for Reconsideration
dwashington3 on PROD1PC60 with NOTICES
Signed in Washington, DC, this 11th day of
March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–6236 Filed 3–20–09; 8:45 am]
United State Steel—Granite City
Works, Granite City, IL; Notice of
Negative Determination Regarding
Application for Reconsideration
By application postmarked February
27, 2009, the International Union of
Electronic, Electrical, Salaried, Machine
and Furniture Workers (IUE), Local
188643 requested administrative
reconsideration of the negative
determination regarding workers’
eligibility to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade
VerDate Nov<24>2008
15:28 Mar 20, 2009
Jkt 217001
By application dated January 28,
2009, the United Steelworkers, District
7 requested administrative
reconsideration of the Department’s
negative determination regarding
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 denial
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12151
notice was signed on December 23, 2008
and published in the Federal Register
on January 14, 2009 (74 FR 2139).
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 mis-interpretation of facts or
of the law justified reconsideration of
the decision.
The initial investigation resulted in a
negative determination, which was
based on the finding that imports of flat
rolled steel did not contribute
importantly to worker separations at the
subject facility and there was no shift of
production to a foreign country. The
subject firm did not import flat rolled
steel in 2006, 2007 and January through
November 2008. Furthermore, the
investigation revealed that sales and
production of flat rolled steel at the
subject firm increased from January
through November, 2008 when
compared with the same period in 2007.
The petitioner alleged that aggregate
imports of flat rolled steel, although
diminished from one year earlier, still
amounted to a significant amount
contributing importantly to the worker
separations and to the decline in sales
and production at the Granite City
plant.
In order to establish import impact,
the Department considers sales,
production and import numbers for the
relevant period (one year prior to the
date of the petition). Imports of flat
rolled steel did not increase during the
relevant period, while sales and
production of flat rolled steel increased
at the subject firm. There was no 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
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[Federal Register Volume 74, Number 54 (Monday, March 23, 2009)]
[Notices]
[Page 12151]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6239]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-64,452]
Kensington Windows, Inc., a Subsidiary of Jancor Companies, Inc.,
Vandergrift, PA; Notice of Affirmative Determination Regarding
Application for Reconsideration
By application postmarked February 27, 2009, the International
Union of Electronic, Electrical, Salaried, Machine and Furniture
Workers (IUE), Local 188643 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 9, 2009. The
Notice of Determination was published in the Federal Register on
February 2, 2009 (74 FR 5871).
The initial investigation resulted in a negative determination
based on the finding that imports of vinyl replacement windows and
doors did not contribute importantly to worker separations at the
subject firm and no shift of production to a foreign source occurred.
In the request for reconsideration, the petitioner provided
additional information regarding imports of vinyl replacement windows
and doors and alleged that the customers might have increased imports
of vinyl replacement windows and doors in the relevant period.
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 12th day of March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-6239 Filed 3-20-09; 8:45 am]
BILLING CODE 4510-FN-P
