Century Furniture, LLC, Chair Upholstery Campus and Uphosltery Division, Hickory, NC; Notice of Revised Determination on Reconsideration, 19996-19997 [E9-9930]
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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
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15:35 Apr 29, 2009
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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.
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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
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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
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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,
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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
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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
