Oval International, Hoquiam, WA; Notice of Negative Determination on Reconsideration, 67910-67911 [E9-30250]
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Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices
APPENDIX—Continued
[TAA petitions instituted between 11/23/09 and 11/27/09]
Subject firm
(petitioners)
Location
Kik Custom Products (Wkrs) ................................................
Mazer Creative Services (Wkrs) ..........................................
Swimwear Anywhere, Inc. (Comp) .......................................
Electronic Data Systems (State) ..........................................
Inteva/Duluth Services (Union) .............................................
T-Shirt International, Inc. (Comp) .........................................
Current Medicine Group, LLC (Wkrs) ..................................
Severstal North America (Union) .........................................
Schneider Electric (Comp) ...................................................
Span America Inc. (Wkrs) ....................................................
EDS, an HP Company (State) .............................................
Boeing Aerospace Corporation (State) ................................
V & W Packaging (Comp) ....................................................
General Motors Corporation—Hamtramck Assembly
(Union).
Xpedx International Paper (Wkrs) ........................................
Blumenthal Printworks (Wkrs) ..............................................
Kraft Foods Global (Wkrs) ....................................................
Supreme Foam, Inc. (Comp) ................................................
Cooper Tire & Rubber Company (Comp) ............................
Western Digital Corporation (Wkrs) .....................................
Pittsburgh Coatings (Wkrs) ..................................................
Alstorm Transportation (Wkrs) .............................................
Maersk (State) ......................................................................
Matthews International Corporation (Wkrs) ..........................
RBP Chemical Technology, Inc. (Comp) .............................
Bridgestone Americas (Union) .............................................
Jasper Chair (Wkrs) .............................................................
Hoffco/Comet Industries (Comp) ..........................................
YRC Worldwide, Inc. (State) ................................................
Ansonia Copper & Brass, Inc. (State) ..................................
Chrysler Financial (State) .....................................................
Inteva Products, LLC (State) ................................................
American Axle & Manufacturing (State) ...............................
General Electric—Carolina Plant (Comp) ............................
Jabil Circuit, Inc. (State) .......................................................
Hickory Dyeing & Winding Co., Inc. (Comp) ........................
Damascus Steel Casting Company (Wkrs) ..........................
General Electric Transportation (Wkrs) ................................
WC Wood Corporation, Inc. (Wkrs) .....................................
Agfa Healthcare (Wkrs) ........................................................
Hopper Development, Inc. (Comp) ......................................
ASC Machine Tools, Inc. (Union) .........................................
City of Industry, CA ...............
Maitland, FL ..........................
Farmingdale, NY ...................
Pontiac, MI ............................
Orion, MI ...............................
Culloden, WV ........................
Philadelphia, PA ....................
Dearborn, MI .........................
Seneca, SC ...........................
Worcester, PA .......................
Alpharetta, GA ......................
Seattle, WA ...........................
Hickory, NC ...........................
Detroit, MI .............................
11/24/09
11/24/09
11/24/09
11/24/09
11/24/09
11/24/09
11/24/09
11/24/09
11/24/09
11/24/09
11/24/09
11/25/09
11/25/09
11/25/09
11/23/09
11/09/09
11/23/09
10/30/09
11/23/09
11/18/09
11/19/09
10/30/09
11/23/09
11/23/09
11/18/09
11/24/09
11/24/09
11/23/09
Camp Hill, PA .......................
Murfreesboro, TN ..................
Wilkes-Barre, PA ...................
Archdale, NC .........................
Cedar Rapids, IA ..................
Lake Forest, CA ....................
Ambridge, PA ........................
Williston, VT ..........................
Madison, NJ ..........................
Kingwood, WV ......................
Milwaukee, WI .......................
Akron, OH .............................
Jasper, IN ..............................
Richmond, IN ........................
Burnsville, MN .......................
Waterbury, CT .......................
Farmington Hills, MI ..............
Troy, MI .................................
Oxford, MI .............................
Goldsboro, NC ......................
Auburn Hills, MI ....................
Hickory, NC ...........................
New Brighton, PA .................
Grove City, PA ......................
Ottawa, OH ...........................
Greenville, SC .......................
Logansport, IN ......................
Spokane Valley, WA .............
11/25/09
11/25/09
11/25/09
11/25/09
11/25/09
11/25/09
11/25/09
11/25/09
11/25/09
11/25/09
11/25/09
11/25/09
11/25/09
11/25/09
11/27/09
11/27/09
11/27/09
11/27/09
11/27/09
11/27/09
11/27/09
11/27/09
11/27/09
11/27/09
11/27/09
11/27/09
11/27/09
11/27/09
11/24/09
11/23/09
11/24/09
11/17/09
11/24/09
11/17/09
11/23/09
11/24/09
11/24/09
11/23/09
11/24/09
11/24/09
11/19/09
11/20/09
11/25/09
11/25/09
11/02/09
11/03/09
11/03/09
11/16/09
11/03/09
11/24/09
11/25/09
11/24/09
11/24/09
11/25/09
11/25/09
11/24/09
TA–W
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[FR Doc. E9–30246 Filed 12–18–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–65,784]
erowe on DSK5CLS3C1PROD with NOTICES
Oval International, Hoquiam, WA;
Notice of Negative Determination on
Reconsideration
On September 29, 2009, the
Department issued an Affirmative
Determination Regarding Application
for Reconsideration for the workers and
former workers of the subject firm. The
notice was published in the Federal
Register on October 20, 2009 (74 FR
53763).
VerDate Nov<24>2008
14:14 Dec 18, 2009
Jkt 220001
The initial investigation resulted in a
negative determination based on the
finding that imports of pulp bale
strapping machines and spare parts did
not contribute importantly to worker
separations at the subject firm and no
shift of production to a foreign source
occurred. 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 no
imports of pulp bale strapping machines
and spare parts 2007, 2008 and January
through March 2009. The subject firm
reported declining imports of pulp bale
strapping machines and spare parts
during the relevant period.
In the request for reconsideration, the
petitioner stated that workers of the
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
Date of
institution
Date of
petition
subject firm were previously certified
eligible for Trade Adjustment
Assistance (TAA) based on a shift in
production to Canada and other offshore
locations. The petitioner further stated
that since the production shift, workers
of the subject firm ‘‘mainly dealt with
sales, service, production and
distribution of spare parts.’’ The
petitioner also alleged that the company
continued shifting production of spare
parts abroad and that imports of spare
parts increased.
When assessing eligibility for TAA,
the Department exclusively considers
shift in production and import impact
during the relevant period (from one
year prior to the date of the petition).
The Department of Labor contacted a
company official to verify whether Oval
International shifted production of spare
E:\FR\FM\21DEN1.SGM
21DEN1
Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices
parts from the subject facility abroad
during the relevant period. The
company official stated that the subject
firm did not shift production of spare
parts abroad in 2008 or 2009.
Furthermore, the investigation
revealed that neither the subject firm
nor its customers increased imports of
pulp bale strapping machines and spare
parts during the relevant period.
Conclusion
After reconsideration, I affirm the
original notice of negative
determination of eligibility to apply for
worker adjustment assistance for
workers and former workers of Oval
International, Hoquiam, Washington.
Signed at Washington, DC, this 10th day of
December 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–30250 Filed 12–18–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–70,829]
erowe on DSK5CLS3C1PROD with NOTICES
Schnadig Corporation, Belmont, MS;
Notice of Negative Determination
Regarding Application for
Reconsideration
By application dated November 11,
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 October 21, 2009
and will soon be published in the
Federal Register.
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 TAA petition filed on behalf of
workers at Schnadig Corporation,
Belmont, Mississippi was based on the
finding that imports of services like or
directly competitive with services
VerDate Nov<24>2008
14:14 Dec 18, 2009
Jkt 220001
provided by workers of the subject firm
did not contribute to worker separations
at the subject firm during the relevant
period. The investigation revealed that
workers of the subject firm were
engaged in distribution and
warehousing services of furniture. The
subject firm did not import nor acquire
services from a foreign country and also
did not shift the provision of these
services to a foreign country.
In the request for reconsideration, the
petitioner stated that workers of the
subject firm were previously certified
eligible for TAA based on increased
imports of upholstered residential
furniture.
The workers of Schnadig Corporation,
Belmont Mississippi were previously
certified eligible for TAA under petition
number TA–W–60,5765, which expired
on January 5, 2009. The investigation
revealed that at that time workers of the
subject firm were engaged in production
of upholstered residential furniture and
the employment declines at the subject
facility were attributed to the subject
firm’s increase in imports of furniture.
When assessing eligibility for TAA,
the Department exclusively considers
worker activities during the relevant
period (from one year prior to the date
of the petition). Therefore, events
occurring in 2007 are outside of the
relevant period and are not considered
in this investigation.
The investigation revealed that
workers of the subject firm were
engaged in distribution and
warehousing services during the
relevant period. These functions, as
described above, were not imported, or
shifted abroad nor were the service
acquired from a foreign country during
the relevant period. Therefore, criteria
II.A. and II.B. of Section 222(a) of the
Act were not met. Furthermore, with the
respect to Section 222(c) of the Act, the
investigation revealed that criterion 2
was not met because the workers did
not supply a service that was used by a
firm with TAA-certified workers in the
production of an article or supply of a
service that was a basis for TAA
certification.
The petitioner also stated that
Schnadig Corporation, Belmont,
Mississippi was purchased by another
company, which shifted all operations
from the subject firm to a facility in
Greensboro, North Carolina.
The information regarding a shift in
services from the subject facility to
another location in the United States
was revealed during the initial
investigation. However, the criteria
regarding the shift in services
specifically states that the services have
to be shifted to a foreign country.
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
67911
Therefore, a mere shift in services to
another domestic facility does not
preclude workers’ eligibility for TAA.
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 at Washington, DC this 10th day of
December, 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–30253 Filed 12–18–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–70,454]
Graphite Engineering and Sales
Company, Greenville, MI; Notice of
Negative Determination Regarding
Application for Reconsideration
By application dated November 13,
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 September 24,
2009 and was published in the Federal
Register on November 17, 2009 (74 FR
59255).
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
E:\FR\FM\21DEN1.SGM
21DEN1
]]>Agencies
[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Notices]
[Pages 67910-67911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30250]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-65,784]
Oval International, Hoquiam, WA; Notice of Negative Determination
on Reconsideration
On September 29, 2009, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the workers
and former workers of the subject firm. The notice was published in the
Federal Register on October 20, 2009 (74 FR 53763).
The initial investigation resulted in a negative determination
based on the finding that imports of pulp bale strapping machines and
spare parts did not contribute importantly to worker separations at the
subject firm and no shift of production to a foreign source occurred.
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 no imports of pulp
bale strapping machines and spare parts 2007, 2008 and January through
March 2009. The subject firm reported declining imports of pulp bale
strapping machines and spare parts during the relevant period.
In the request for reconsideration, the petitioner stated that
workers of the subject firm were previously certified eligible for
Trade Adjustment Assistance (TAA) based on a shift in production to
Canada and other offshore locations. The petitioner further stated that
since the production shift, workers of the subject firm ``mainly dealt
with sales, service, production and distribution of spare parts.'' The
petitioner also alleged that the company continued shifting production
of spare parts abroad and that imports of spare parts increased.
When assessing eligibility for TAA, the Department exclusively
considers shift in production and import impact during the relevant
period (from one year prior to the date of the petition). The
Department of Labor contacted a company official to verify whether Oval
International shifted production of spare
[[Page 67911]]
parts from the subject facility abroad during the relevant period. The
company official stated that the subject firm did not shift production
of spare parts abroad in 2008 or 2009.
Furthermore, the investigation revealed that neither the subject
firm nor its customers increased imports of pulp bale strapping
machines and spare parts during the relevant period.
Conclusion
After reconsideration, I affirm the original notice of negative
determination of eligibility to apply for worker adjustment assistance
for workers and former workers of Oval International, Hoquiam,
Washington.
Signed at Washington, DC, this 10th day of December 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-30250 Filed 12-18-09; 8:45 am]
BILLING CODE 4510-FN-P
