Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 19995-19996 [E9-9939]

Download as PDF Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices 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 USC 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 April 13 through April 17, 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 VerDate Nov<24>2008 15:35 Apr 29, 2009 Jkt 217001 the Andean Trade Preference Act, the 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) A 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 of 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 00067 Fmt 4703 Sfmt 4703 19995 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–65,097; AdMart Custom Signage, Danville, KY: February 2, 2008 TA–W–65,149; HDM Furniture Industries, Drexel Heritage, Plant 7, Hickory, NC: February 2, 2008 TA–W–65,344A; Noranda Aluminum, Inc., Rod Mill Department, New Madrid, MO: February 20, 2008 TA–W–65,344; Noranda Aluminum, Inc., Metal Products Department, New Madrid, MO: February 20, 2008 TA–W–65,416; Pilgrim Home and Hearth, LLC, Benicia, CA: January 26, 2008 TA–W–65,421; Ashley Furniture Industries, Inc., Upholstery Division, Ripley, MS: February 26, 2008 TA–W–64,699; Kimrick, LP, Ft Worth, TX: December 11, 2007 TA–W–64,919; Modine Manufacturing Company, North America Division, Logansport, IN: September 30, 2008 TA–W–65,274; Delaco Steel Processing, Dearborn, MI: February 13, 2008 E:\FR\FM\30APN1.SGM 30APN1 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

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[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Notices]
[Pages 19995-19996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9939]



[[Page 19995]]

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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 USC 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 April 13 
through April 17, 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, the 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) A 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 of 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-65,097; AdMart Custom Signage, Danville, KY: February 2, 2008
TA-W-65,149; HDM Furniture Industries, Drexel Heritage, Plant 7, 
Hickory, NC: February 2, 2008
TA-W-65,344A; Noranda Aluminum, Inc., Rod Mill Department, New Madrid, 
MO: February 20, 2008
TA-W-65,344; Noranda Aluminum, Inc., Metal Products Department, New 
Madrid, MO: February 20, 2008
TA-W-65,416; Pilgrim Home and Hearth, LLC, Benicia, CA: January 26, 
2008
TA-W-65,421; Ashley Furniture Industries, Inc., Upholstery Division, 
Ripley, MS: February 26, 2008
TA-W-64,699; Kimrick, LP, Ft Worth, TX: December 11, 2007
TA-W-64,919; Modine Manufacturing Company, North America Division, 
Logansport, IN: September 30, 2008
TA-W-65,274; Delaco Steel Processing, Dearborn, MI: February 13, 2008

[[Page 19996]]

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 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.
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