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