Trane US, Inc., Residential Systems Division, Including On-Site Leased Workers From Remedy Intelligent Staffing, Tyler, TX; Determination Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 30112-30113 [E9-14764]
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30112
Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–64,401]
Qimonda 200 MM Facility, Including
On-Site Leased Workers From Tokyo
Electron America, Nikon Precision,
Inc., Ebara Technologies, Inc., Air
Products and Chemicals, Inc., PSI
Repair Services, Exel Logistics,
Xperts, Inc. and Kla-Tencor and
Qimonda North America Corporation,
Qimonda Richmond, a Subsidiary of
Qimonda AG, Sandston, VA; 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 December 11, 2008,
applicable to workers of Qimonda
200MM Facility, Sandston, Virginia.
The notice was published in the Federal
Register on December 30, 2008 (73 FR
79914). The certification was amended
on February 10, 2009, March 3, 2009
and March 31, 2009 to include on-site
leased workers of Tokyo Electron
America, Nikon Precision, Ebara
Technologies and Air Products and
Chemicals, Inc. and Qimonda North
America Corp., Qimonda Richmond, an
on-site subsidiary of the subject firm.
These notices were published in the
Federal Register on February 23, 2009
(74 FR 8111), March 11, 2009 (74 FR
10619) and April 7, 2009 (74 FR 15752)
respectfully.
At the request of the State agency, the
Department reviewed the certification
for workers of the subject firm. The
workers are engaged in the production
of DRAM semiconductor wafers.
The company reports that workers
leased from PSI Repair Services, Exel
Logistics, Xperts, Inc. and KLA/Tencor
were employed on-site at the Sandston,
Virginia location of Qimonda 200MM
Facility. The Department has
determined that these workers were
sufficiently under the control of
Qimonda 200MM Facility to be
considered leased workers.
Based on these findings, the
Department is amending this
certification to include workers leased
from PSI Repair Services, Exel Logistics,
Xperts, Inc. and KLA/Tencor working
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16:46 Jun 23, 2009
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on-site at the Sandston, Virginia
location of the subject firm.
The intent of the Department’s
certification to include all workers
employed at Qimonda 200MM Facility,
Sandston, Virginia who were adversely
affected by a shift in production to a
foreign country followed by increased
imports of articles like or directly
competitive with DRAM semiconductor
wafers produced by the subject firm.
The amended notice applicable to
TA–W–64,401 is hereby issued as
follows:
All workers of Qimonda 200MM Facility,
including on-site leased workers from Tokyo
Electron America, Nikon Precision, Inc.,
Ebara Technologies, Inc., Air Products and
Chemicals, Inc., PSI Repair Services, Exel
Logistics, Xperts, Inc., and KLA–Tensor and
including on-site workers of Qimonda North
America Corp., Qimonda Richmond, a
subsidiary of Qimonda AG, Sandston,
Virginia, who became totally or partially
separated from employment on or after
November 11, 2007 through December 11,
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 at Washington, DC this 12th day of
June 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–14763 Filed 6–23–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–64,647]
Trane US, Inc., Residential Systems
Division, Including On-Site Leased
Workers From Remedy Intelligent
Staffing, Tyler, TX; Determination
Regarding Eligibility To Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment
Assistance
On May 1, 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 May 18, 2009 (74 FR 23216).
The previous investigation initiated
on December 11, 2008, resulted in a
negative determination issued on
February 13, 2009, was based on the
finding that imports of air conditioning
units did not contribute importantly to
worker separations at the subject firm
and no shift of production to a foreign
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Fmt 4703
Sfmt 4703
source occurred. The denial notice was
published in the Federal Register on
March 3, 2009 (74 FR 9279).
To support the request for
reconsideration, the petitioner supplied
additional information and alleged that
the workers of the subject firm also
manufactured components for air
conditioning units and that the subject
firm shifted production of these
components to Mexico during the
relevant period.
The Department contacted a company
official of the subject firm to address
this allegation. Upon further
investigation, it was revealed that the
workers of the subject firm did
manufacture one- and two-cylinder
reciprocating compressors and
crankshafts during the relevant period.
These workers were separately
identifiable from other workers at the
subject firm. The investigation also
revealed that the subject firm shifted
production of one- and two-cylinder
reciprocating compressors and
crankshafts to Mexico impacting
workers engaged in the production of
one- and two-cycle reciprocating
compressors and crankshafts during the
relevant period.
The petitioner also alleged that the
subject firm is transferring the wiring
department to Mexico in 2009.
The company official of the subject
firm confirmed that Trane US, Inc. is
considering a transfer of the wiring
department to Mexico and that this
transfer is currently in the planning
process.
When assessing eligibility for TAA,
the Department exclusively considers
shifts in production which occur during
the relevant time period (one year prior
to the date of the petition). Events
occurring in the future are outside of the
relevant period and thus cannot be
considered in this investigation.
Should conditions change in the
future, the petitioner is encouraged to
file a new petition on behalf of the
worker group which will encompass an
investigative period that will include
these changing conditions.
The petitioner further alleged that the
subject firm shifted production of gear
drive centrifugal water chillers to China.
The company official stated that the
workers of the subject firm did not
manufacture gear drive centrifugal water
chillers 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.
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Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices
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 for the workers engaged in
production of one- and two-cylinder
reciprocating compressors.
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 facts
obtained in the investigation, I
determine that there was a shift in
production of one- and two-cylinder
reciprocating compressors and
crankshafts from the workers’ firm or
subdivision to Mexico. In accordance
with the provisions of the Act, I make
the following certification:
’’Workers of Trane US, Inc., Residential
Systems Division, including on-site leased
workers from Remedy Intelligent Staffing,
Tyler, Texas, engaged in production of oneand two-cylinder reciprocating compressors
and crankshafts, who became totally or
partially separated from employment on or
after December 10, 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.’’
I also determine that workers of Trane
US, Inc., Residential Systems Division,
Tyler, Texas, excluding workers
engaged in production of one- and twocylinder reciprocating compressors and
crankshafts, are denied eligibility to
apply for adjustment assistance under
Section 223 of the Trade Act of 1974
and alternative trade adjustment
assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, DC this 18th day of
June 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–14764 Filed 6–23–09; 8:45 am]
BILLING CODE 4510–FN–P
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DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–65,139]
Weather Shield Manufacturing, Inc.,
Custom Products Division, Medford,
WI; Notice of Negative Determination
Regarding Application for
Reconsideration
By application postmarked May 15,
2009, a petitioner requested
administrative reconsideration of the
Department’s negative determination
regarding eligibility to apply for Trade
Adjustment Assistance (TAA),
applicable to workers and former
workers of the subject firm. The denial
notice was signed on April 30, 2009 and
published in the Federal Register on
May 18, 2009 (74 FR 23214).
Pursuant to 29 CFR 90.18(c)
reconsideration may be granted under
the following circumstances:
(1) If it appears on the basis of facts
not previously considered that the
determination complained of was
erroneous;
(2) If it appears that the determination
complained of was based on a mistake
in the determination of facts not
previously considered; or
(3) If in the opinion of the Certifying
Officer, a misinterpretation of facts or of
the law justified reconsideration of the
decision.
The initial investigation resulted in a
negative determination which was
based on the finding that imports of
windows and doors did not contribute
importantly to worker separations at the
subject plant and there was no shift of
production to a foreign country in the
relevant period. The ‘‘contributed
importantly’’ test is generally
demonstrated through a survey of the
workers’ firm’s declining domestic
customers. The Department conducted a
survey of the subject firm’s major
declining customers regarding their
purchases of windows and doors in
2007, 2008 and January through
February 2009. The survey revealed no
imports during the relevant period. The
subject firm did not import windows
and doors into the United States during
the relevant period.
In the request for reconsideration, the
petitioner stated that in order to reveal
the import impact, the Department
should change the relevant period and
include events occurring in 2006.
When assessing eligibility for TAA,
the Department exclusively considers
import impact during the relevant time
period (one year prior to the date of the
petition). Therefore, events occurring in
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30113
2006 are outside of this period and are
not relevant in this investigation.
The petitioner did not supply facts
not previously considered; nor provide
additional documentation indicating
that there was either (1) a mistake in the
determination of facts not previously
considered or (2) a misinterpretation of
facts or of the law justifying
reconsideration of the initial
determination.
After careful review of the request for
reconsideration, the Department
determines that 29 CFR 90.18(c) has not
been met.
Conclusion
After review of the application and
investigative findings, I conclude that
there has been no error or
misinterpretation of the law or of the
facts which would justify
reconsideration of the Department of
Labor’s prior decision. Accordingly, the
application is denied.
Signed in Washington, DC, this 12th day of
June, 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–14766 Filed 6–23–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training Administration
[TA–W–64,665; TA–W–64,665A]
Alcoa Howmet Castings, a Subsidiary
of Alcoa, Incorporated, Thermatech
Coatings and Titanium Ingot Division,
Plant #4; Whitehall, MI; Alcoa Howmet
Castings, a Subsidiary of Alcoa,
Incorporated, Plant #5, Whitehall, MI;
Notice of Negative Determination
Regarding Application for
Reconsideration
By application dated May 11, 2009,
the United Automobile, Aerospace and
Agricultural Implement Workers of
America, Local 1243 (UAW) requested
administrative reconsideration of the
Department’s Negative Determination
regarding eligibility for workers and
former workers of Alcoa Howmet
Castings, a subsidiary of Alcoa, Inc.,
Thermatech Coatings and Titanium
Ingot Division, Plant #4, Whitehall,
Michigan, and Alcoa Howmet Castings,
a subsidiary of Alcoa, Inc., Plant #5,
Whitehall, Michigan, to apply for Trade
Adjustment Assistance (TAA) and
Alternative Trade Adjustment
Assistance (ATAA). Workers at Plant #4
produce environmental coatings and
titanium ingots, and are separately
identifiable by product; workers at Plant
E:\FR\FM\24JNN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Pages 30112-30113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14764]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-64,647]
Trane US, Inc., Residential Systems Division, Including On-Site
Leased Workers From Remedy Intelligent Staffing, Tyler, TX;
Determination Regarding Eligibility To Apply for Worker Adjustment
Assistance and Alternative Trade Adjustment Assistance
On May 1, 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 May 18, 2009 (74 FR 23216).
The previous investigation initiated on December 11, 2008, resulted
in a negative determination issued on February 13, 2009, was based on
the finding that imports of air conditioning units 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 March 3, 2009 (74 FR 9279).
To support the request for reconsideration, the petitioner supplied
additional information and alleged that the workers of the subject firm
also manufactured components for air conditioning units and that the
subject firm shifted production of these components to Mexico during
the relevant period.
The Department contacted a company official of the subject firm to
address this allegation. Upon further investigation, it was revealed
that the workers of the subject firm did manufacture one- and two-
cylinder reciprocating compressors and crankshafts during the relevant
period. These workers were separately identifiable from other workers
at the subject firm. The investigation also revealed that the subject
firm shifted production of one- and two-cylinder reciprocating
compressors and crankshafts to Mexico impacting workers engaged in the
production of one- and two-cycle reciprocating compressors and
crankshafts during the relevant period.
The petitioner also alleged that the subject firm is transferring
the wiring department to Mexico in 2009.
The company official of the subject firm confirmed that Trane US,
Inc. is considering a transfer of the wiring department to Mexico and
that this transfer is currently in the planning process.
When assessing eligibility for TAA, the Department exclusively
considers shifts in production which occur during the relevant time
period (one year prior to the date of the petition). Events occurring
in the future are outside of the relevant period and thus cannot be
considered in this investigation.
Should conditions change in the future, the petitioner is
encouraged to file a new petition on behalf of the worker group which
will encompass an investigative period that will include these changing
conditions.
The petitioner further alleged that the subject firm shifted
production of gear drive centrifugal water chillers to China.
The company official stated that the workers of the subject firm
did not manufacture gear drive centrifugal water chillers 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.
[[Page 30113]]
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 for the workers
engaged in production of one- and two-cylinder reciprocating
compressors.
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 facts obtained in the investigation, I
determine that there was a shift in production of one- and two-cylinder
reciprocating compressors and crankshafts from the workers' firm or
subdivision to Mexico. In accordance with the provisions of the Act, I
make the following certification:
''Workers of Trane US, Inc., Residential Systems Division, including
on-site leased workers from Remedy Intelligent Staffing, Tyler,
Texas, engaged in production of one- and two-cylinder reciprocating
compressors and crankshafts, who became totally or partially
separated from employment on or after December 10, 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.''
I also determine that workers of Trane US, Inc., Residential
Systems Division, Tyler, Texas, excluding workers engaged in production
of one- and two-cylinder reciprocating compressors and crankshafts, are
denied eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974 and alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, DC this 18th day of June 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-14764 Filed 6-23-09; 8:45 am]
BILLING CODE 4510-FN-P
