ASC Machine Tools, Inc., Spokane Valley, WA; Notice of Negative Determination on Reconsideration, 27668 [2011-11639]
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Federal Register / Vol. 76, No. 92 / Thursday, May 12, 2011 / Notices
requirements under Section 222(a) and
(c) of the Act, 19 U.S.C. 2272(a) and (c),
have not been met. 29 CFR 90.2 states
that a significant number or proportion
of the workers means at least three
workers in a firm (or appropriate
subdivision thereof) with a workforce of
fewer than 50 workers, or five percent
of the workers or 50 workers, whichever
is less, in a workforce of 50 or more
workers.
Although the Department was able to
confirm separations at the Itasca, Illinois
facility, the number or proportion of
workers totally or partially separated, or
threatened with such separation, at
Enesco, LLC, Itasca, Illinois, does not
meet the regulatory definition.
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 Enesco,
LLC, Itasca, Illinois (TA–W–73,479A).
Signed in Washington, DC, on this 2nd day
of May, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2011–11640 Filed 5–11–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–72,971]
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
ASC Machine Tools, Inc., Spokane
Valley, WA; Notice of Negative
Determination on Reconsideration
On October 7, 2010, the Department
of Labor issued an Affirmative
Determination Regarding Application
for Reconsideration for the workers and
former workers of ASC Machine Tools,
Inc., Spokane Valley, Washington (the
subject firm). The Department’s Notice
was published in the Federal Register
on October 25, 2010 (75 FR 65516). The
workers produce custom-order metal
cutting machinery used to form and cut
metal, including assembled equipment,
component parts of equipment, and
spare parts. Workers are not separately
identifiable by article produced.
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
VerDate Mar<15>2010
14:49 May 11, 2011
Jkt 223001
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 based on the
finding that the subject firm sales
decline was due to loss of export sales
of foreign customers’ bids to
competitors outside the United States.
The initial investigation also revealed
decreased aggregate imports of metal
cutting equipment during the relevant
period, and that the subject firm is not
a supplier or downstream producer for
any firm that employed a worker group
eligible to apply for Trade Adjustment
Assistance (TAA).
The International Association of
Machinists and Aerospace Workers,
District Lodge 751, in the request for
reconsideration, alleges increased
imports from Sen Fung Rollform
Machinery Corporation in Taiwan and
Metform International in Canada. The
request for reconsideration also
articulates the concern that ‘‘the affected
workers are being penalized due to the
inconsistent customer base of the
company’’ and requests that aggregate
import data during 2007 and 2008 be
considered.
During the reconsideration
investigation, the Department received
information that confirmed that Sen
Fung Rollform Machinery Corporation
in Taiwan and Metform International in
Canada are competitors of the subject
firm and not customers, as inferred in
the request for reconsideration. As such,
the Department did not conduct a bid
survey in regard to the aforementioned
companies.
In regard to the request that aggregate
import data be considered for 2007 and
2008, the Department can not consider
data for this period because it is outside
of the relevant period under
investigation.
29 CFR 90.2 states that increased
imports means that imports have
increased either absolutely or relative to
domestic production compared to a
representative base period. The
representative base period shall be one
year consisting of the four quarters
immediately preceding the date which
is twelve months prior to the date of the
petition.
Machine Tools, Inc., Spokane Valley,
Washington.
Signed in Washington, DC, on this 2nd day
of May, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2011–11639 Filed 5–11–11; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–74,549]
Algonac Cast Products, Inc., Algonac,
MI; Notice of Revised Determination on
Reconsideration
Conclusion
On November 10, 2010, the
Department issued a Notice of
Affirmative Determination Regarding
Application for Reconsideration for the
workers and former workers of Algonac
Cast Products, Inc., Algonac, Michigan
(subject firm) to apply for Trade
Adjustment Assistance (TAA). The
Department’s Notice was published in
the Federal Register on November 23,
2010 (75 FR 7145). Workers are engaged
in employment related to the
production of marine hardware and are
not separately identifiable by article
produced.
During the reconsideration
investigation, the Department received
additional and new information from
the subject firm, conducted an
expanded customer survey, and
analyzed import data of like or directly
competitive articles.
Section 222(a)(1) has been met
because a significant number or
proportion of workers at the subject firm
became totally or partially separated, or
threatened with such separation.
Section 222(a)(2)(A)(i) has been met
because subject firm sales and
production decreased during 2009 from
2008 levels.
Section 222(a)(2)(A)(ii) has been met
because there were increased imports of
articles like or directly competitive with
marine hardware produced by the
subject firm.
Finally, Section 222(a)(2)(A)(iii) has
been met because the increased imports
contributed importantly to the worker
group separations and sales/production
declines at Algonac Cast Products, Inc.,
Algonac, Michigan.
After reconsideration, I affirm the
original notice of negative
determination of eligibility to apply for
worker adjustment assistance for
workers and former workers of ASC
Conclusion
After careful review of the additional
facts obtained on reconsideration, I
determine that workers and former
workers of Algonac Cast Products, Inc.,
PO 00000
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[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Page 27668]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11639]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-72,971]
ASC Machine Tools, Inc., Spokane Valley, WA; Notice of Negative
Determination on Reconsideration
On October 7, 2010, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the workers
and former workers of ASC Machine Tools, Inc., Spokane Valley,
Washington (the subject firm). The Department's Notice was published in
the Federal Register on October 25, 2010 (75 FR 65516). The workers
produce custom-order metal cutting machinery used to form and cut
metal, including assembled equipment, component parts of equipment, and
spare parts. Workers are not separately identifiable by article
produced.
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
based on the finding that the subject firm sales decline was due to
loss of export sales of foreign customers' bids to competitors outside
the United States. The initial investigation also revealed decreased
aggregate imports of metal cutting equipment during the relevant
period, and that the subject firm is not a supplier or downstream
producer for any firm that employed a worker group eligible to apply
for Trade Adjustment Assistance (TAA).
The International Association of Machinists and Aerospace Workers,
District Lodge 751, in the request for reconsideration, alleges
increased imports from Sen Fung Rollform Machinery Corporation in
Taiwan and Metform International in Canada. The request for
reconsideration also articulates the concern that ``the affected
workers are being penalized due to the inconsistent customer base of
the company'' and requests that aggregate import data during 2007 and
2008 be considered.
During the reconsideration investigation, the Department received
information that confirmed that Sen Fung Rollform Machinery Corporation
in Taiwan and Metform International in Canada are competitors of the
subject firm and not customers, as inferred in the request for
reconsideration. As such, the Department did not conduct a bid survey
in regard to the aforementioned companies.
In regard to the request that aggregate import data be considered
for 2007 and 2008, the Department can not consider data for this period
because it is outside of the relevant period under investigation.
29 CFR 90.2 states that increased imports means that imports have
increased either absolutely or relative to domestic production compared
to a representative base period. The representative base period shall
be one year consisting of the four quarters immediately preceding the
date which is twelve months prior to the date of the petition.
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 ASC Machine Tools, Inc., Spokane
Valley, Washington.
Signed in Washington, DC, on this 2nd day of May, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-11639 Filed 5-11-11; 8:45 am]
BILLING CODE 4510-FN-P
