Dana Holding Corporation, Sealing Products Group, Including On-Site Temporary Agency Workers from Pomeroy, Paris, TN; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 23215 [E9-11433]
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Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices
Signed in Washington, DC, this 5th day of
May 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–11433 Filed 5–15–09; 8:45 am]
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–63,943]
BILLING CODE 4510–FN–P
Dana Holding Corporation, Sealing
Products Group, Including On-Site
Temporary Agency Workers from
Pomeroy, Paris, TN; Amended
Certification Regarding Eligibility To
Apply for Worker Adjustment
Assistance and Alternative Trade
Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–62,655]
cprice-sewell on PRODPC61 with NOTICES
In accordance with Section 223 of the
Trade Act of 1974 (19 U.S.C. 2273), and
Section 246 of the Trade Act of 1974 (26
U.S.C. 2813), as amended, the
Department of Labor issued a
Certification of Eligibility to Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment
Assistance on November 3, 2008,
applicable to workers of Dana Holding
Corporation, Sealing Products Group,
Paris, Tennessee. The notice was
published in the Federal Register on
November 25, 2008 (73 FR 71696).
At the request of the State agency, the
Department reviewed the certification
for workers of the subject firm. The
workers produce composite covers and
rubber gaskets for the automotive
industry.
The intent of the Department’s
certification is to include all workers of
the subject firm adversely affected by
the shift in production of rubber gaskets
to Mexico.
New information shows that
temporary agency workers from
Pomeroy were employed on-site at the
Paris, Tennessee, location of Dana
Holding Corporation, Sealing Products
Group. The Department has determined
that these workers were sufficiently
under the control of the subject firm.
Based on these findings, the
Department is amending this
certification to include temporary
agency employees of Pomeroy working
on-site at the subject firm.
The amended notice applicable to
TA–W–63,943 is hereby issued as
follows:
‘‘All workers of Dana Holding Corporation,
Sealing Products Group, Paris, Tennessee,
including on-site temporary agency workers
from Pomeroy, who became totally or
partially separated from employment on or
after August 27, 2007 through November 3,
2010, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act
of 1974, and are also eligible to apply for
alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974.’’
VerDate Nov<24>2008
14:36 May 15, 2009
Jkt 217001
Warp Processing Company, Inc.
Exeter, PA; Notice of Revised
Determination on Remand
On February 20, 2009, the U.S. Court
of International Trade (USCIT)
remanded to the U.S. Department of
Labor (Department) for further review
Former Employees of Warp Processing
Company, Inc. v. United States, Court
No. 08–00179.
The investigation was initiated on
January 10, 2008, by three petitioning
workers for Trade Adjustment
Assistance (TAA) and Alternative Trade
Adjustment Assistance (ATAA) on
behalf of workers and former workers of
Warp Processing Company, Inc., Exeter,
Pennsylvania (subject firm). The
petition stated that the subject firm
produced warped synthetic fibers, the
subject firm’s customers increased
imports from a foreign country, and the
subject firm supplied component parts
for articles produced by firms with
currently TAA-certified worker groups.
AR 3–5, 7.
The petition also states that the
subject firm furloughed forty-seven
workers, AR 4,6, and that the imported
article are not beamed fibers but ‘‘fabric
and other finished product.’’ AR 7.
The petition further states that ‘‘At
Warp Processing we supply the
component part for the finished
products. We supply our customers
with warped synthetic fibers and then
they weave it into fabric and material
and produce the finished product. Our
company is an upstream supplier and/
or a downstream producer to a certified
primary firm and is secondarily
affected.’’ AR 7.
The negative determination
applicable to the subject workers stated
that the subject firm ‘‘warped synthetic
fibers’’ and that ‘‘Warping is a process
by which yarn is placed onto beams for
the textile industry.’’ The determination
also stated that the subject firm did not
import warped synthetic fibers or shift
production to a foreign country, the
subject firm’s major declining customers
did not import like or directly
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23215
competitive articles, and the subject
workers did not qualify as adversely
affected secondary workers. The
negative determination was signed on
February 19, 2008. AR 109–113. The
Department’s Notice of determination
was published in the Federal Register
on March 7, 2008 (73 FR 12466). AR
126.
In a submission dated March 14,
2008, the petitioners requested
administrative reconsideration of the
Department’s negative determination,
stated that the information received by
the Department was erroneous and reasserted that the workers qualify as
adversely affected secondary workers.
AR 136–139.
Stating that the requirement identified
in 29 CFR 90.18 (Reconsideration of
determination) was not met, the
Department issued a Notice of Negative
Determination Regarding Application
for Reconsideration on March 18, 2008.
AR 140–143. The Notice was published
in the Federal Register on March 26,
2008 (73 FR 16066).
By letter dated May 16, 2008,
Plaintiffs filed a complaint with the
USCIT. The Plaintiffs asserted that the
subject workers are eligible to apply for
TAA as either adversely affected
primary workers or adversely affected
secondary workers. On February 20,
2009, the USCIT remanded the matter to
the Department.
To apply for worker adjustment
assistance under Section 222(a)(2)(A) of
the Trade Act of 1974, as amended,
petitioning workers must meet the
following group eligibility requirements:
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.
The intent of the Department is for a
certification to cover all workers of the
subject firm or appropriate subdivision
who were adversely affected by
increased imports of the article
produced by the firm or a shift in
production of the article, based on the
investigation of the TAA/ATAA
petition.
For purposes of the Trade Act, a
‘‘firm, together with any predecessor or
successor-in-interest, or together with
E:\FR\FM\18MYN1.SGM
18MYN1
]]>Agencies
[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Page 23215]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11433]
[[Page 23215]]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-63,943]
Dana Holding Corporation, Sealing Products Group, Including On-
Site Temporary Agency Workers from Pomeroy, Paris, TN; Amended
Certification Regarding Eligibility To Apply for Worker Adjustment
Assistance and Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C.
2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as
amended, the Department of Labor issued a Certification of Eligibility
to Apply for Worker Adjustment Assistance and Alternative Trade
Adjustment Assistance on November 3, 2008, applicable to workers of
Dana Holding Corporation, Sealing Products Group, Paris, Tennessee. The
notice was published in the Federal Register on November 25, 2008 (73
FR 71696).
At the request of the State agency, the Department reviewed the
certification for workers of the subject firm. The workers produce
composite covers and rubber gaskets for the automotive industry.
The intent of the Department's certification is to include all
workers of the subject firm adversely affected by the shift in
production of rubber gaskets to Mexico.
New information shows that temporary agency workers from Pomeroy
were employed on-site at the Paris, Tennessee, location of Dana Holding
Corporation, Sealing Products Group. The Department has determined that
these workers were sufficiently under the control of the subject firm.
Based on these findings, the Department is amending this
certification to include temporary agency employees of Pomeroy working
on-site at the subject firm.
The amended notice applicable to TA-W-63,943 is hereby issued as
follows:
``All workers of Dana Holding Corporation, Sealing Products
Group, Paris, Tennessee, including on-site temporary agency workers
from Pomeroy, who became totally or partially separated from
employment on or after August 27, 2007 through November 3, 2010, are
eligible to apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and are also eligible to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.''
Signed in Washington, DC, this 5th day of May 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-11433 Filed 5-15-09; 8:45 am]
BILLING CODE 4510-FN-P
