Kensington Windows, Inc., a Subsidiary of Jancor Companies, Inc., Vandergrift, PA; Notice of Affirmative Determination Regarding Application for Reconsideration, 12151 [E9-6239]

Download as PDF 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 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 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 E:\FR\FM\23MRN1.SGM 23MRN1

Agencies

[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