Century Furniture, LLC, Chair Upholstery Campus and Uphosltery Division, Hickory, NC; Notice of Revised Determination on Reconsideration, 19996-19997 [E9-9930]

Download as PDF 19996 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices TA–W–65,560; True Textiles, Inc., Grand Rapids, MI: March 10, 2008 TA–W–65,678; Bihler of America, Inc., Staffing Alternatives, Phillipsburg, NJ: March 12, 2008 TA–W–65,229; Royall Company, Inc., Specialty Die and Finishing, Conover, NC: February 10, 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–65,585; Simpson Door Company, Simpson Investment Company, McCleary, WA: March 11, 2008 TA–W–65,694; Indiana Tube Corporation, Subsidiary of WHX, Evansville, IN: April 12, 2009 TA–W–65,472; Lincoln Industrial Corporation, St. Louis, MO: February 26, 2008 TA–W–64,572; Merrill Corp., Everett, MA: December 1, 2007 TA–W–65,399; HDM Furniture Industries, Henredon Plant #9, Mt. Airy, NC: February 25, 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–64,806; Garvin Industries, Guarantee Div., Adamsville, PA: January 2, 2008 TA–W–64,934A; Borgwarner Morse Tec, Inc., Powder Metal Operations Div., Cortland, NY: January 20, 2007 TA–W–64,934B; Borgwarner Morse Tec, Inc., Transmission Components Div., Cortland, NY: January 20, 2007 TA–W–64,934; Borgwarner Morse Tec, Inc., Engine Timing Components Div., Ithaca, NY: January 20, 2007 TA–W–65,129; Wilson-Hurd Manufacturing Co., LCD Division, Adecco, Lifestyles, Berlin, WI: February 4, 2008 TA–W–65,475; Mohawk Industries, Inc., Flooring Mfg. Div., Oslten Temp, Dillon, SC: February 4, 2008 TA–W–65,489; Evergy, Inc., A Division of Tecumseh Products Company, Paris, TN: February 17, 2008 TA–W–65,536; HS Converting, A Subsidiary of Hickory Springs Mfg. Co., Conover, NC: March 10, 2009 TA–W–65,688; HB Carbide, A Subsidiary of Star Cutter Company, Lewiston, MI: March 26, 2008 TA–W–65,689; Ossineke Industries, A Subsidiary of Star Cutter Company, Ossineke, MI: March 26, 2008 The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm VerDate Nov<24>2008 15:35 Apr 29, 2009 Jkt 217001 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. TA–W–65,483; Viasystems, Newberry, SC: March 3, 2008 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–65,650; Aero-Metric, Inc., Sheboygan, WI. 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–64,900; Direct Tooling Group, Inc., Wayland, MI. TA–W–65,125; RMK Industries, Inc., Rochester Hills, MI. TA–W–65,467; Kenworth Truck Company, A Subsidiary of Paccar, Inc., Renton, WA. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 TA–W–65,493; Plains Cotton Cooperative Association, Lubbock, TX. TA–W–65,508; Camp-Hill Corporation, McKeesport, PA. TA–W–65,516; Bauer Industries, Inc., Hildebran, NC. TA–W–65,526; Monaco Coach Corporation, Coburg, OR. TA–W–65,540; Trinity Rail Industries Plant #19, Longview, TX. TA–W–65,453; Tokyo Electron Massachusetts, Inc., Beverly, MA. The workers’ firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. TA–W–65,739; Eos Airlines Incorporated, Purchase, NY. 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 April 13 through April 17, 2009. Copies of these determinations are available for inspection in Room N–5428, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210 during normal business hours or will be mailed to persons who write to the above address. Date: April 23, 2009. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–9939 Filed 4–29–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,669] Century Furniture, LLC, Chair Upholstery Campus and Uphosltery Division, Hickory, NC; Notice of Revised Determination on Reconsideration On March 13, 2009, the Department issued an Affirmative Determination Regarding Application on Reconsideration applicable to workers and former workers of the subject firm. The notice was published in the Federal Register on March 31, 2009 (74 FR 14594). The initial investigation initiated on December 15, 2008, resulted in a negative determination issued on January 12, 2009, was based on the finding that the subject firm did not E:\FR\FM\30APN1.SGM 30APN1 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices separate or threaten to separate a significant number or proportion of workers as required by Section 222 of the Trade Act of 1974. The denial notice was published in the Federal Register on February 2, 2009 (74 FR 5871). In the request for reconsideration, the company official provided additional information regarding employment and layoffs at the subject firm. The company official confirmed that employment at the subject facility declined significantly in December, 2008 and further declined in January, 2009. The investigation also revealed that sales and production at the subject firm declined from January through November 2008 over the corresponding 2007 period. Furthermore, the Department conducted a survey of the major declining customers regarding their purchases of upholstered furniture in 2006, 2007, January through November, 2007 and January through November, 2008. The survey of the major declining customers revealed that the customers increased their reliance on imported upholstered furniture 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 conclude that increased imports of articles like or directly competitive with those produced at Century Furniture, LLC, Chair Upholstery Campus and Upholstery Division, Hickory, North Carolina, contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification: ‘‘All workers of Century Furniture, LLC, Chair Upholstery Campus and Upholstery Division, Hickory, North Carolina, who VerDate Nov<24>2008 15:35 Apr 29, 2009 Jkt 217001 became totally or partially separated from employment on or after December 11, 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 20th day of April 2009. Elliott S. Kushner Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–9930 Filed 4–29–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,591] Gensym Corporation, a Subsidiary of Versata Enterprises, Inc., Burlington, MA; Notice of Negative Determination on Reconsideration On March 2, 2009, the Department issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of the subject firm. The notice was published in the Federal Register on March 11, 2009 (74 FR 10616–10617). The initial investigation resulted in a negative determination based on the finding that worker group does not produce an article within the meaning of Section 222 of the Trade Act of 1974. The investigation revealed that workers of Gensym Corporation, a subsidiary of Versata Enterprises, Inc., Burlington, Massachusetts were engaged in IT sales, consulting, customer support services, finance and human resources services. In the request for reconsideration the petitioner contends that the Department erred in its interpretation of the work performed by the workers of the subject firm. The petitioner states that workers of the subject firm produced several software products, such as G2, Rethink and Neuron-line. On reconsideration, the Department contacted a company official and requested additional information regarding the production of software by Gensym Corporation and whether workers of the subject firm were engaged in production of the above mentioned products during the relevant period. The company official stated that the workers of the subject firm did produce software. However, the company official also stated that all software products, PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 19997 including the software mentioned by the petitioner in the request for reconsideration, were designed and developed prior to October 2007. The company official further provided information to confirm that no production of software took place at the subject firm during the relevant period. When assessing eligibility for TAA, the Department exclusively considers production during the relevant period (one year prior to the date of the petition). Events occurring prior to October 2007 are outside of the relevant time period as established by the petition date of December 2, 2008, and thus cannot be considered in this investigation. The investigation revealed that during the relevant period, the workers of Gensym Corporation, a subsidiary of Versata Enterprises, Inc., Burlington, Massachusetts, sold licenses to already established products, provided customer support and enhancement services for the licensed software and performed finance and human resources services. These functions, as described above, are not considered production of an article within the meaning of Section 222 of the Trade Act. No production took place at the subject facility during the relevant period, nor did the workers support production of an article at any domestic location during the relevant period. The petitioner also alleges that job functions have been shifted from the subject firm to India, China and Mexico. The allegation of a shift to another country might be relevant if it was determined that workers of the subject firm produced an article. However, the investigation determined that workers of Gensym Corporation, a subsidiary of Versata Enterprises, Inc., Burlington, Massachusetts, do not produce an article within the meaning of Section 222 of the Trade Act of 1974. 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 Gensym Corporation, a subsidiary of Versata Enterprises, Inc., Burlington, Massachusetts. Signed at Washington, DC, this 21st day of April 2009. Elliott S. Kushner Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–9938 Filed 4–29–09; 8:45 am] BILLING CODE 4510–FN–P E:\FR\FM\30APN1.SGM 30APN1

Agencies

[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Notices]
[Pages 19996-19997]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9930]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,669]


Century Furniture, LLC, Chair Upholstery Campus and Uphosltery 
Division, Hickory, NC; Notice of Revised Determination on 
Reconsideration

    On March 13, 2009, the Department issued an Affirmative 
Determination Regarding Application on Reconsideration applicable to 
workers and former workers of the subject firm. The notice was 
published in the Federal Register on March 31, 2009 (74 FR 14594).
    The initial investigation initiated on December 15, 2008, resulted 
in a negative determination issued on January 12, 2009, was based on 
the finding that the subject firm did not

[[Page 19997]]

separate or threaten to separate a significant number or proportion of 
workers as required by Section 222 of the Trade Act of 1974. The denial 
notice was published in the Federal Register on February 2, 2009 (74 FR 
5871).
    In the request for reconsideration, the company official provided 
additional information regarding employment and layoffs at the subject 
firm. The company official confirmed that employment at the subject 
facility declined significantly in December, 2008 and further declined 
in January, 2009. The investigation also revealed that sales and 
production at the subject firm declined from January through November 
2008 over the corresponding 2007 period.
    Furthermore, the Department conducted a survey of the major 
declining customers regarding their purchases of upholstered furniture 
in 2006, 2007, January through November, 2007 and January through 
November, 2008. The survey of the major declining customers revealed 
that the customers increased their reliance on imported upholstered 
furniture 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 conclude that increased imports of articles like or 
directly competitive with those produced at Century Furniture, LLC, 
Chair Upholstery Campus and Upholstery Division, Hickory, North 
Carolina, contributed importantly to the declines in sales or 
production and to the total or partial separation of workers at the 
subject firm. In accordance with the provisions of the Act, I make the 
following certification:

    ``All workers of Century Furniture, LLC, Chair Upholstery Campus 
and Upholstery Division, Hickory, North Carolina, who became totally 
or partially separated from employment on or after December 11, 
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 20th day of April 2009.
Elliott S. Kushner
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-9930 Filed 4-29-09; 8:45 am]
BILLING CODE 4510-FN-P