Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 12901-12902 [E9-6516]

Download as PDF Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices DEPARTMENT OF LABOR Employment and Training Administration PWALKER on PROD1PC71 with NOTICES Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA–W) number and alternative trade adjustment assistance (ATAA) by (TA–W) number issued during the period of March 9 through March 13, 2009. In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Section (a)(2)(A) all of the following must be satisfied: 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; B. the sales or production, or both, of such firm or subdivision have decreased absolutely; and C. increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers’ separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: 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; 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 C. 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 VerDate Nov<24>2008 01:23 Mar 25, 2009 Jkt 217001 articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. 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. Also, in order for an affirmative determination to be made for secondarily affected workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met. (1) Significant number or proportion of the workers in the workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) the workers’ firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and (3) either— (A) the workers’ firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers’ firm; or (B) a loss or business by the workers’ firm with the firm (or subdivision) described in paragraph (2) contributed importantly to the workers’ separation or threat of separation. In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance (ATAA) for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. 1. Whether a significant number of workers in the workers’ firm are 50 years of age or older. 2. Whether the workers in the workers’ firm possess skills that are not easily transferable. 3. The competitive conditions within the workers’ industry (i.e., conditions within the industry are adverse). Affirmative Determinations for Worker Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 12901 date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) of the Trade Act have been met. None. The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) of the Trade Act have been met. None. The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met. None. The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) of the Trade Act have been met. None. Affirmative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. TA–W–64,993; TTM Technologies, leased workers From Kelly Services, Redmond, WA: January 23, 2008. The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. TA–W–65,473; Bakers Pride Oven Company, Inc., New Rochelle, NY: February 25, 2008. TA–W–65,100; Kimball Electronics, Inc., Jasper, IN: September 28, 2008. The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. TA–W–65,023A; Silberline Manufacturing Company, Inc., Lansford Facility, Lansford, PA: April 20, 2009. TA–W–65,023B; Silberline Manufacturing Company, Inc., Tidewood Facility, Tidewood, PA: April 20, 2009. E:\FR\FM\25MRN1.SGM 25MRN1 12902 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices TA–W–65,023C; Silberline Manufacturing Company, Inc., Decatur Facility, Decatur, PA: April 20, 2009. TA–W–65,023; Silberline Manufacturing Company, Inc., Hometown Facility, Tamaqua, PA: April 20, 2009. TA–W–65,087; Industrial Minerals, Inc., Blacksburg, SC: January 28, 2008. The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. None. Negative Determinations for Alternative Trade Adjustment Assistance In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified. The Department has determined that criterion (1) of Section 246 has not been met. The firm does not have a significant number of workers 50 years of age or older. None. The Department has determined that criterion (2) of Section 246 has not been met. Workers at the firm possess skills that are easily transferable. None. The Department has determined that criterion (3) of Section 246 has not been met. Competition conditions within the workers’ industry are not adverse. None. PWALKER on PROD1PC71 with NOTICES Negative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified. Because the workers of the firm are not eligible to apply for TAA, the workers cannot be certified eligible for ATAA. The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) (employment decline) have not been met. None. The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. TA–W–64,996; Rebco, Inc., Kersey, PA. The investigation revealed that criteria (a)(2)(A)(I.C.) (increased VerDate Nov<24>2008 01:23 Mar 25, 2009 Jkt 217001 imports) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. TA–W–65,050; Ball Corporation, Kansas City, MO. The workers’ firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. TA–W–65,035; Align Technology, Inc., Santa Clara, CA. The investigation revealed that criteria of Section 222(b)(2) has not been met. The workers’ firm (or subdivision) is not a supplier to or a downstream producer for a firm whose workers were certified eligible to apply for TAA. None. I hereby certify that the aforementioned determinations were issued during the period of March 9 through March 13, 2009. Copies of these determinations are available for inspection in Room N–5428, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: March 18, 2009. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–6516 Filed 3–24–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,880] America’s Business Operations, Dell USA L.P., Round Rock, TX; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on January 13, 2009 in response to a petition on behalf of workers of America’s Business Operations, Dell USA L.P., Round Rock, Texas. The petitioners have requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 18th day of March 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–6517 Filed 3–24–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–65,447] DEPARTMENT OF LABOR BHP Billiton, BHP Copper, Inc., Pinto Valley Operations & San Manuel Arizona Railroad Company, Miami, AZ; Notice of Termination of Investigation Employment and Training Administration [TA–W–65,157] Alcoa, Inc., Alcoa, TN; Notice of Termination of Investigation In accordance with 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 Tennessee AFL–CIO Technical Assistance Program representative on behalf of workers of Alcoa, Inc., Alcoa, Tennessee. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed in Washington, DC, this 17th day of March 2009. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–6527 Filed 3–24–09; 8:45 am] Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 2, 2009 in response to a petition filed by a company official on behalf of all workers of BHP Billiton, BHP Copper, Inc., Pinto Valley Operations & San Manuel Arizona Railroad Company, Miami, Arizona. The petitioner requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 17th day of March 2009. Richard Church, Certifying Officer, Division of Trade Adjustment [FR Doc. E9–6535 Filed 3–24–09; 8:45 am] BILLING CODE 4510–FN–P BILLING CODE 4510–FN–P PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\25MRN1.SGM 25MRN1

Agencies

[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Notices]
[Pages 12901-12902]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6516]



[[Page 12901]]

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DEPARTMENT OF LABOR

Employment and Training Administration


Notice of Determinations Regarding Eligibility To Apply for 
Worker Adjustment Assistance and Alternative Trade Adjustment 
Assistance

    In accordance with Section 223 of the Trade Act of 1974, as amended 
(19 U.S.C. 2273) the Department of Labor herein presents summaries of 
determinations regarding eligibility to apply for trade adjustment 
assistance for workers (TA-W) number and alternative trade adjustment 
assistance (ATAA) by (TA-W) number issued during the period of March 9 
through March 13, 2009.
    In order for an affirmative determination to be made for workers of 
a primary firm and a certification issued regarding eligibility to 
apply for worker adjustment assistance, each of the group eligibility 
requirements of Section 222(a) of the Act must be met.
    I. Section (a)(2)(A) all of the following must be satisfied:
    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;
    B. the sales or production, or both, of such firm or subdivision 
have decreased absolutely; and
    C. increased imports of articles like or directly competitive with 
articles produced by such firm or subdivision have contributed 
importantly to such workers' separation or threat of separation and to 
the decline in sales or production of such firm or subdivision; or
    II. Section (a)(2)(B) both of the following must be satisfied:
    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;
    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
    C. 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 to a beneficiary country under the Andean Trade Preference 
Act, African Growth and Opportunity Act, or the Caribbean Basin 
Economic Recovery Act; or
    3. 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.
    Also, in order for an affirmative determination to be made for 
secondarily affected workers of a firm and a certification issued 
regarding eligibility to apply for worker adjustment assistance, each 
of the group eligibility requirements of Section 222(b) of the Act must 
be met.
    (1) Significant number or proportion of the workers in the workers' 
firm or an appropriate subdivision of the firm have become totally or 
partially separated, or are threatened to become totally or partially 
separated;
    (2) the workers' firm (or subdivision) is a supplier or downstream 
producer to a firm (or subdivision) that employed a group of workers 
who received a certification of eligibility to apply for trade 
adjustment assistance benefits and such supply or production is related 
to the article that was the basis for such certification; and
    (3) either--
    (A) the workers' firm is a supplier and the component parts it 
supplied for the firm (or subdivision) described in paragraph (2) 
accounted for at least 20 percent of the production or sales of the 
workers' firm; or
    (B) a loss or business by the workers' firm with the firm (or 
subdivision) described in paragraph (2) contributed importantly to the 
workers' separation or threat of separation.
    In order for the Division of Trade Adjustment Assistance to issue a 
certification of eligibility to apply for Alternative Trade Adjustment 
Assistance (ATAA) for older workers, the group eligibility requirements 
of Section 246(a)(3)(A)(ii) of the Trade Act must be met.
    1. Whether a significant number of workers in the workers' firm are 
50 years of age or older.
    2. Whether the workers in the workers' firm possess skills that are 
not easily transferable.
    3. The competitive conditions within the workers' industry (i.e., 
conditions within the industry are adverse).

Affirmative Determinations for Worker Adjustment Assistance

    The following certifications have been issued. The date following 
the company name and location of each determination references the 
impact date for all workers of such determination.
    The following certifications have been issued. The requirements of 
Section 222(a)(2)(A) (increased imports) of the Trade Act have been 
met.
    None.
    The following certifications have been issued. The requirements of 
Section 222(a)(2)(B) (shift in production) of the Trade Act have been 
met.
    None.
    The following certifications have been issued. The requirements of 
Section 222(b) (supplier to a firm whose workers are certified eligible 
to apply for TAA) of the Trade Act have been met.
    None.
    The following certifications have been issued. The requirements of 
Section 222(b) (downstream producer for a firm whose workers are 
certified eligible to apply for TAA based on increased imports from or 
a shift in production to Mexico or Canada) of the Trade Act have been 
met.
    None.

Affirmative Determinations for Worker Adjustment Assistance and 
Alternative Trade Adjustment Assistance

    The following certifications have been issued. The date following 
the company name and location of each determination references the 
impact date for all workers of such determination.
    The following certifications have been issued. The requirements of 
Section 222(a)(2)(A) (increased imports) and Section 246(a)(3)(A)(ii) 
of the Trade Act have been met.

TA-W-64,993; TTM Technologies, leased workers From Kelly Services, 
Redmond, WA: January 23, 2008.

    The following certifications have been issued. The requirements of 
Section 222(a)(2)(B) (shift in production) and Section 246(a)(3)(A)(ii) 
of the Trade Act have been met.

TA-W-65,473; Bakers Pride Oven Company, Inc., New Rochelle, NY: 
February 25, 2008.
TA-W-65,100; Kimball Electronics, Inc., Jasper, IN: September 28, 2008.

    The following certifications have been issued. The requirements of 
Section 222(b) (supplier to a firm whose workers are certified eligible 
to apply for TAA) and Section 246(a)(3)(A)(ii) of the Trade Act have 
been met.

TA-W-65,023A; Silberline Manufacturing Company, Inc., Lansford 
Facility, Lansford, PA: April 20, 2009.
TA-W-65,023B; Silberline Manufacturing Company, Inc., Tidewood 
Facility, Tidewood, PA: April 20, 2009.

[[Page 12902]]

TA-W-65,023C; Silberline Manufacturing Company, Inc., Decatur Facility, 
Decatur, PA: April 20, 2009.
TA-W-65,023; Silberline Manufacturing Company, Inc., Hometown Facility, 
Tamaqua, PA: April 20, 2009.
TA-W-65,087; Industrial Minerals, Inc., Blacksburg, SC: January 28, 
2008.

    The following certifications have been issued. The requirements of 
Section 222(b) (downstream producer for a firm whose workers are 
certified eligible to apply for TAA based on increased imports from or 
a shift in production to Mexico or Canada) and Section 246(a)(3)(A)(ii) 
of the Trade Act have been met.
    None.

Negative Determinations for Alternative Trade Adjustment Assistance

    In the following cases, it has been determined that the 
requirements of 246(a)(3)(A)(ii) have not been met for the reasons 
specified.
    The Department has determined that criterion (1) of Section 246 has 
not been met. The firm does not have a significant number of workers 50 
years of age or older.
    None.
    The Department has determined that criterion (2) of Section 246 has 
not been met. Workers at the firm possess skills that are easily 
transferable.
    None.
    The Department has determined that criterion (3) of Section 246 has 
not been met. Competition conditions within the workers' industry are 
not adverse.
    None.

Negative Determinations for Worker Adjustment Assistance and 
Alternative Trade Adjustment Assistance

    In the following cases, the investigation revealed that the 
eligibility criteria for worker adjustment assistance have not been met 
for the reasons specified.
    Because the workers of the firm are not eligible to apply for TAA, 
the workers cannot be certified eligible for ATAA.
    The investigation revealed that criteria (a)(2)(A)(I.A.) and 
(a)(2)(B)(II.A.) (employment decline) have not been met.
    None.
    The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or 
production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in 
production to a foreign country) have not been met.

TA-W-64,996; Rebco, Inc., Kersey, PA.

    The investigation revealed that criteria (a)(2)(A)(I.C.) (increased 
imports) and (a)(2)(B)(II.B.) (shift in production to a foreign 
country) have not been met.

TA-W-65,050; Ball Corporation, Kansas City, MO.

    The workers' firm does not produce an article as required for 
certification under Section 222 of the Trade Act of 1974.

TA-W-65,035; Align Technology, Inc., Santa Clara, CA.

    The investigation revealed that criteria of Section 222(b)(2) has 
not been met. The workers' firm (or subdivision) is not a supplier to 
or a downstream producer for a firm whose workers were certified 
eligible to apply for TAA.
    None.

    I hereby certify that the aforementioned determinations were 
issued during the period of March 9 through March 13, 2009. Copies 
of these determinations are available for inspection in Room N-5428, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, 
DC 20210 during normal business hours or will be mailed to persons 
who write to the above address.

    Dated: March 18, 2009.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E9-6516 Filed 3-24-09; 8:45 am]
BILLING CODE 4510-FN-P