Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 38047-38048 [E9-18176]

Download as PDF Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices DEPARTMENT OF LABOR Employment and Training Administration erowe on DSK5CLS3C1PROD with NOTICES 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 U.S.C. 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 June 29 through July 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 15:34 Jul 29, 2009 Jkt 217001 the Andean Trade Preference Act, 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) 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 or 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 00069 Fmt 4703 Sfmt 4703 38047 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–65,890; Automatic Machine Product, Corinth, MS: May 1, 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. 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) and Section 246(a)(3)(A)(ii) 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) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. E:\FR\FM\30JYN1.SGM 30JYN1 38048 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices None. 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. erowe on DSK5CLS3C1PROD with NOTICES 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. None. 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–65,630; National Envelope, Scottdale, PA TA–W–65,704; Chipblaster, Inc., Meadville, PA TA–W–65,753; Weyerhaeuser Company, Warrenton, OR TA–W–65,914; Alliance Machine Systems International, Spokane Valley, WA The workers’ firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. VerDate Nov<24>2008 15:34 Jul 29, 2009 Jkt 217001 None. 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. TA–W–65,324; General Aluminum Manufacturing Co., Richmond Plant, Richmond, IN I hereby certify that the aforementioned determinations were issued during the period of June 29 through July 17, 2009. Copies of these determinations are available for inspection in Room n-5428, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: July 21, 2009. Linda G. Poole, Director, Division of Trade Adjustment Assistance. [FR Doc. E9–18176 Filed 7–29–09; 8:45 am] BILLING CODE P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,725] Weather Shield Manufacturing, Inc., Corporate Office, Medford, WI; Notice of Negative Determination Regarding Application for Reconsideration By application dated May 26, 2009, the petitioners requested administrative reconsideration of the Department’s negative determination regarding eligibility for workers and former workers of Weather Shield Manufacturing, Inc., Corporate Office, Medford, Wisconsin (subject firm) to apply for Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA). The Department’s Notice of Affirmative Determination Regarding Application for Reconsideration was signed on June 2, 2009, and published in the Federal Register on June 18, 2009 (74 FR 28956). The initial investigation revealed that workers of the subject firm are engaged in support functions such as administrative, human resources, accounting, sales, and marketing operations. It was also revealed that the workers of the subject firm support production of windows at various Weather Shield Manufacturing facilities. The investigation resulted in a negative determination that was based on the finding that imports of windows did not contribute importantly to worker separations at the subject facility and there was no shift of production to a PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 foreign country. The ‘‘contributed importantly’’ test is generally demonstrated through a survey of the workers’ firm’s declining domestic customers. The survey of the major declining customers revealed negligible imports of windows in 2008 compared with 2007. The subject firm did not import windows during the relevant period. A careful review of previouslysubmitted material shows that one of the facilities supported by workers of the Weather Shield Manufacturing, Inc., Corporate Office in Milford, Wisconsin produced doors. During the reconsideration investigation, the Department conducted additional customer survey regarding purchases of doors (including like or directly competitive articles) during 2007 and 2008. Based on the information obtain through the survey, the Department determined no imports of doors during the relevant period. The petitioner also alleges that the competitor of the subject firm has been certified for TAA during August 2008 and therefore workers of the subject firm should be also certified for TAA. The impact of competitors on the subject firm is revealed in an investigation through customer survey analysis. In the case at hand, the Department solicited information from the customers of the subject firm to determine if customers purchased imported windows and doors during 2007 and 2008. The survey is intended to determine if competitor imports contributed importantly to layoffs at the subject firm. The survey revealed that imports of windows and doors were negligible during the relevant period. The investigation also revealed the subject firm did not import windows and doors nor was there a shift in production of windows and doors from subject firm abroad during the relevant period. Furthermore, U.S. aggregate imports of windows and doors declined from 2007 to 2008. Based on the information above, the Department determines that the group eligibility requirements under section 222(a) of the Trade Act of 1974, as amended, were not met. In order for the Department to issue a certification of eligibility to apply for ATAA, the subject worker group must be certified eligible to apply for TAA. Since the subject workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. Conclusion After reconsideration, I affirm the original notice of negative determination of eligibility to apply for E:\FR\FM\30JYN1.SGM 30JYN1

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[Federal Register Volume 74, Number 145 (Thursday, July 30, 2009)]
[Notices]
[Pages 38047-38048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18176]



[[Page 38047]]

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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 U.S.C. 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 June 29 
through July 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, 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) 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 or 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-65,890; Automatic Machine Product, Corinth, MS: May 1, 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.

    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) and Section 246(a)(3)(A)(ii) 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) and Section 246(a)(3)(A)(ii) 
of the Trade Act have been met.


[[Page 38048]]


    None.

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.

    None.

    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-65,630; National Envelope, Scottdale, PA

    TA-W-65,704; Chipblaster, Inc., Meadville, PA

    TA-W-65,753; Weyerhaeuser Company, Warrenton, OR

    TA-W-65,914; Alliance Machine Systems International, Spokane 
Valley, WA

    The workers' firm does not produce an article as required for 
certification under Section 222 of the Trade Act of 1974.

    None.

    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.

    TA-W-65,324; General Aluminum Manufacturing Co., Richmond Plant, 
Richmond, IN

    I hereby certify that the aforementioned determinations were 
issued during the period of June 29 through July 17, 2009. Copies of 
these determinations are available for inspection in Room n-5428, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, 
DC 20210 during normal business hours or will be mailed to persons 
who write to the above address.

    Dated: July 21, 2009.
Linda G. Poole,
Director, Division of Trade Adjustment Assistance.
[FR Doc. E9-18176 Filed 7-29-09; 8:45 am]
BILLING CODE P