Weather Shield Manufacturing, Inc., Custom Products Division, Medford, WI; Notice of Negative Determination Regarding Application for Reconsideration, 30113 [E9-14766]
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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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16:46 Jun 23, 2009
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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
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]]>Agencies
[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Page 30113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14766]
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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 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
