Weather Shield Manufacturing, Inc., Custom Products Division, Medford, WI; Notice of Negative Determination Regarding Application for Reconsideration, 30113 [E9-14766]

Download as PDF 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 VerDate Nov<24>2008 16:46 Jun 23, 2009 Jkt 217001 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 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 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 24JNN1

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