Oval International, Hoquiam, WA; Notice of Negative Determination on Reconsideration, 67910-67911 [E9-30250]

Download as PDF 67910 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 72930 72931 72932 72933 72934 72935 72936 72937 72938 72939 72940 72941 72942 72943 ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ 72944 72945 72946 72947 72948 72949 72950 72951 72952 72953 72954 72955 72956 72957 72958 72959 72960 72961 72962 72963 72964 72965 72966 72967 72968 72969 72970 72971 ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ [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]


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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