Kensington Windows, Inc., a Subsidiary of Jancor Companies, Inc., Vandergrift, PA; Notice of Negative Determination Regarding Application for Reconsideration, 17224 [E9-8412]

Download as PDF 17224 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices APPENDIX—Continued [TAA petitions instituted between 3/23/09 and 3/27/09] Subject firm (petitioners) Location Burke Industrial Supply, Inc. (Comp) ....................................... Pandora Manufacturing (UAW) ................................................ Star Cutter Company/Tawas Tool (Comp) .............................. Star Cutter Company/HB Carbide (Comp) .............................. Star Cutter Company/Ossineke Industries (Comp) ................. Tube Fabrication Industries, Inc. (Comp) ................................ Group Dekko, Inc. (Comp) ....................................................... Tricon Timber Post and Pole (Comp) ...................................... Bergstrom Saturn of Eau Claire (Wkrs) ................................... Indiana Tube Corporation (Comp) ........................................... Hitachi Cable Indiana, Inc. (Comp) .......................................... Morganton, NC ....................... Pandora, OH ........................... East Tawas, MI ....................... Lewiston, MI ............................ Ossineke, MI ........................... Logansport, IN ........................ Murray, IA ............................... Superior, MT ........................... Eau Claire, WI ........................ Evansville, IN .......................... Russell Springs, KY ................ TA–W 65685 65686 65687 65688 65689 65690 65691 65692 65693 65694 65695 ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... In order to apply for TAA based on increased imports, the subject worker group must meet the group eligibility requirements under Section 222(a) of the Trade Act of 1974, as amended. Under Section 222(a)(2)(A), the following criteria must be met: [FR Doc. E9–8406 Filed 4–13–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,452] Kensington Windows, Inc., a Subsidiary of Jancor Companies, Inc., Vandergrift, PA; Notice of Negative Determination Regarding Application for Reconsideration By application dated February 27, 2009, the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers (IUE), Local 188643 requested administrative reconsideration of the Department’s negative determination regarding eligibility for workers and former workers of Kensington Windows, Inc., a subsidiary of Jancor Companies, Inc., Vandergrift, Pennsylvania (subject firm) to apply for Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA). The Department’s Notice of Affirmative Determination Regarding Application for Reconsideration was signed on March 12, 2009, and published in the Federal Register on March 23, 2009 (74 FR 12151). The initial determination was based on the Department’s findings that imports of vinyl replacement windows and doors did not contribute importantly to worker separations at the subject firm and that no shift of production to a foreign country occurred. In the request for reconsideration, the petitioner alleges that the workers of the subject firm were negatively impacted by foreign imports and requested the Department of Labor conduct an in depth analysis of the customer surveys. VerDate Nov<24>2008 16:39 Apr 13, 2009 Jkt 217001 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; and 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. During the reconsideration investigation, the Department conducted a more detailed survey of additional customers regarding their purchases of vinyl replacement windows and doors (including like or directly competitive articles) during 2006, 2007, January through November 2007 and January through November 2008. Based on the information provided by the major declining customers, the Department determined that none of the customers imported vinyl replacement windows and doors while decreasing their purchases from the subject firm during the relevant period. Based on the information above, the Department determines that the group eligibility requirements under Section 222(a) of the Trade Act of 1974, as amended, were not met. In order for the Department to issue a certification of eligibility to apply for ATAA, the subject worker group must be certified eligible to apply for TAA. Since the subject workers are denied PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 Date of institution 03/26/09 03/26/09 03/27/09 03/27/09 03/27/09 03/27/09 03/27/09 03/27/09 03/27/09 03/27/09 03/27/09 Date of petition 03/25/09 03/19/09 03/26/09 03/26/09 03/26/09 03/25/09 03/10/09 03/26/09 03/26/09 03/25/09 03/26/09 eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. Conclusion After reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Kensington Windows, Inc., a subsidiary of Jancor Companies, Inc., Vandergrift, Pennsylvania. Signed at Washington, DC, this 3rd day of April 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–8412 Filed 4–13–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,389] A. Schulman, Inc.; Polybatch Color Center Sharon Center, Ohio; Notice of Revised Determination on Reconsideration On February 24, 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 9430). The previous investigation initiated on November 10, 2008, resulted in a negative determination issued on December 22, 2008, was based on the finding that imports of color concentrates did not contribute importantly to worker separations at the subject firm and no shift of production to a foreign source occurred. The denial notice was published in the Federal Register on January 14, 2009 (74 FR 2139). E:\FR\FM\14APN1.SGM 14APN1

Agencies

[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Notices]
[Page 17224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8412]


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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 Negative Determination Regarding Application 
for Reconsideration

    By application dated February 27, 2009, the International Union of 
Electronic, Electrical, Salaried, Machine and Furniture Workers (IUE), 
Local 188643 requested administrative reconsideration of the 
Department's negative determination regarding eligibility for workers 
and former workers of Kensington Windows, Inc., a subsidiary of Jancor 
Companies, Inc., Vandergrift, Pennsylvania (subject firm) to apply for 
Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment 
Assistance (ATAA). The Department's Notice of Affirmative Determination 
Regarding Application for Reconsideration was signed on March 12, 2009, 
and published in the Federal Register on March 23, 2009 (74 FR 12151).
    The initial determination was based on the Department's findings 
that imports of vinyl replacement windows and doors did not contribute 
importantly to worker separations at the subject firm and that no shift 
of production to a foreign country occurred.
    In the request for reconsideration, the petitioner alleges that the 
workers of the subject firm were negatively impacted by foreign imports 
and requested the Department of Labor conduct an in depth analysis of 
the customer surveys.
    In order to apply for TAA based on increased imports, the subject 
worker group must meet the group eligibility requirements under Section 
222(a) of the Trade Act of 1974, as amended. Under Section 
222(a)(2)(A), the following criteria must be met:

    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; and
    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.

    During the reconsideration investigation, the Department conducted 
a more detailed survey of additional customers regarding their 
purchases of vinyl replacement windows and doors (including like or 
directly competitive articles) during 2006, 2007, January through 
November 2007 and January through November 2008. Based on the 
information provided by the major declining customers, the Department 
determined that none of the customers imported vinyl replacement 
windows and doors while decreasing their purchases from the subject 
firm during the relevant period.
    Based on the information above, the Department determines that the 
group eligibility requirements under Section 222(a) of the Trade Act of 
1974, as amended, were not met.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the subject worker group must be certified eligible 
to apply for TAA. Since the subject workers are denied eligibility to 
apply for TAA, the workers cannot be certified eligible for ATAA.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Kensington Windows, Inc., a 
subsidiary of Jancor Companies, Inc., Vandergrift, Pennsylvania.

    Signed at Washington, DC, this 3rd day of April 2009.
 Elliott S. Kushner,
 Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-8412 Filed 4-13-09; 8:45 am]
BILLING CODE 4510-FN-P

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