Wabash Alloys, LLC, a Subsidiary of Aleris International, Inc., Tipton, IN; Notice of Negative Determination Regarding Application for Reconsideration, 15759-15760 [E9-7803]

Download as PDF 15759 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices APPENDIX—Continued [TAA petitions instituted between 3/9/09 and 3/13/09] TA–W 65556 65557 65558 65559 65560 65561 65562 65563 65564 65565 65566 65567 65568 65569 65570 65571 65572 65573 65574 65575 65576 65577 65578 65579 65580 65581 65582 65583 65584 65585 65586 65587 65588 65589 65590 65591 ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ 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Alameda, CA ......................... Fort Payne, AL ...................... Roseville, MI ......................... Pulaski, TN ............................ Dayton, OH ........................... [FR Doc. E9–7793 Filed 4–6–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,858] Wabash Alloys, LLC, a Subsidiary of Aleris International, Inc., Tipton, IN; Notice of Negative Determination Regarding Application for Reconsideration By application dated March 17, 2009, United Steelworkers of America, Local 2958 requested administrative reconsideration of the Department’s negative determination regarding eligibility to apply for Trade Adjustment Assistance (TAA), applicable to workers and former workers of the subject firm. The denial notice was signed on February 6, 2009 and published in the Federal Register on March 3, 2009 (74 FR 9283). VerDate Nov<24>2008 Date of institution Subject firm (petitioners) 17:13 Apr 06, 2009 Jkt 217001 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 Wabash Alloys, LLC, a subsidiary of Aleris International, Inc., Tipton, Indiana did not supply component parts to a primary firm whose workers were certified eligible to apply for trade adjustment assistance. Furthermore, the investigation also determined that imports of aluminum alloys did not contribute importantly to worker separations at the subject plant nor was PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 03/11/09 03/11/09 03/11/09 03/11/09 03/11/09 03/11/09 03/11/09 03/11/09 03/11/09 03/11/09 03/11/09 03/11/09 03/11/09 03/11/09 03/12/09 03/12/09 03/12/09 03/12/09 03/12/09 03/12/09 03/12/09 03/12/09 03/12/09 03/12/09 03/12/09 03/12/09 03/12/09 03/12/09 03/13/09 03/13/09 03/13/09 03/13/09 03/13/09 03/13/09 03/13/09 03/13/09 Date of petition 02/25/09 03/10/09 03/09/09 03/04/09 03/10/09 03/10/09 02/18/09 03/10/09 02/12/09 02/04/09 02/04/09 03/09/09 03/10/09 02/17/09 03/11/09 03/07/09 02/27/09 02/24/09 02/27/09 03/09/09 03/11/09 03/11/09 03/01/09 02/24/09 02/24/09 03/11/09 03/10/09 03/11/09 02/26/09 03/11/09 03/12/09 03/12/09 03/11/09 03/06/09 03/12/09 03/12/09 there a shift of production to a country during the relevant period. In the request for reconsideration the petitioner alleged that the subject firm supplied aluminum alloys to a customer which is under current certification. For certification on the basis of the workers’ firm being a secondary upstream supplier, the subject firm must produce component parts to a firm which received certification of eligibility for TAA as a primary impacted firm. The Department has reviewed the record and determined that the customer to which the subject firm supplied components was not certified as a primary firm but was certified for TAA on the basis of a secondary impact. 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. E:\FR\FM\07APN1.SGM 07APN1 15760 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices 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 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 in Washington, DC, this 24th day of March 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–7803 Filed 4–6–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,505] SB Acquisition, LLC, dba Saunders Brothers, Including On-Site Leased Workers From Manpower, Fryeburg, ME; Notice of Revised Determination on Reconsideration On February 23, 2009, the Department issued an Affirmative Determination Regarding Application for Reconsideration applicable to workers and former workers of the subject firm. The notice was published in the Federal Register on March 4, 2009 (74 FR 9432). The previous investigation initiated on November 21, 2008, resulted in a negative determination issued on January 2, 2009, was based on the finding that sales and production at the subject firm increased during the period of January through November 2008, when compared to the same period in 2007. The denial notice was published in the Federal Register on January 26, 2009 (74 FR 4464). In the request for reconsideration, the petitioner provided additional information regarding the subject firm’s monthly sales of wood products (dowels) and imports of these products by the subject firm into the United States. The Department carefully reviewed the information provided during the initial investigation and on reconsideration and has determined that sales, production and employment at the subject firm declined during the relevant period. Furthermore, the investigation revealed that company- VerDate Nov<24>2008 17:13 Apr 06, 2009 Jkt 217001 wide imports of wood products increased during the relevant period. In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for alternative trade adjustment assistance (ATAA) for older workers. In order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of Section 246 have been met. A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse. Conclusion After careful review of the additional facts obtained on reconsideration, I determine that increased imports of wood products, produced by SB Acquisition, LLC, dba Saunders Brothers, Fryeburg, Maine contributed importantly to the total or partial separation of workers and to the decline in sales or production at that firm or subdivision. In accordance with the provisions of the Act, I make the following certification: All workers of SB Acquisition, LLC, dba Saunders Brothers, including on-site leased workers from Manpower, Fryeburg, Maine, who became totally or partially separated from employment on or after November 20, 2007, through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed in Washington, DC this 31st day of March 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–7799 Filed 4–6–09; 8:45 am] investigation was initiated on February 23, 2009 in response to a petition filed by a company official on behalf of workers of JELD–WEN Premium Woods Doors, Oshkosh, Wisconsin. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 20th day of March 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–7756 Filed 4–6–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,926] Ray Lewis & Son, Marysville, OH; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on January 22, 2009 in response to a worker petition filed on behalf of workers at Ray Lewis & Son, Marysville, Ohio. The petitioners have requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 19th day of March 2009. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–7735 Filed 4–6–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–65,020] BILLING CODE 4510–FN–P Asteel Flash, Inc., Fremont, CA; Notice of Termination of Investigation DEPARTMENT OF LABOR Employment and Training Administration [TA–W–65,328] JELD–WEN Premium Woods Doors, Oshkosh, WI; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 In accordance with Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on January 29, 2009 in response to a petition filed by a California State Workforce Office representative on behalf of workers of Asteel Flash, Inc., Fremont, California. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Notices]
[Pages 15759-15760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7803]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,858]


Wabash Alloys, LLC, a Subsidiary of Aleris International, Inc., 
Tipton, IN; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated March 17, 2009, United Steelworkers of 
America, Local 2958 requested administrative reconsideration of the 
Department's negative determination regarding eligibility to apply for 
Trade Adjustment Assistance (TAA), applicable to workers and former 
workers of the subject firm. The denial notice was signed on February 
6, 2009 and published in the Federal Register on March 3, 2009 (74 FR 
9283).
    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 Wabash Alloys, LLC, a subsidiary of 
Aleris International, Inc., Tipton, Indiana did not supply component 
parts to a primary firm whose workers were certified eligible to apply 
for trade adjustment assistance. Furthermore, the investigation also 
determined that imports of aluminum alloys did not contribute 
importantly to worker separations at the subject plant nor was there a 
shift of production to a country during the relevant period.
    In the request for reconsideration the petitioner alleged that the 
subject firm supplied aluminum alloys to a customer which is under 
current certification.
    For certification on the basis of the workers' firm being a 
secondary upstream supplier, the subject firm must produce component 
parts to a firm which received certification of eligibility for TAA as 
a primary impacted firm. The Department has reviewed the record and 
determined that the customer to which the subject firm supplied 
components was not certified as a primary firm but was certified for 
TAA on the basis of a secondary impact.
    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.

[[Page 15760]]

    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 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 in Washington, DC, this 24th day of March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E9-7803 Filed 4-6-09; 8:45 am]
BILLING CODE 4510-FN-P