SpectraWatt, Inc. Including On-Site Leased Workers From Kelly Services Hopewell Junction, NY; Notice of Revised Determination on Reconsideration, 61749 [2011-25718]

Download as PDF Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices requirements. The requirements include either ‘‘imports of articles like or directly competitive with articles produced by such firm or subdivision have increased’’ or ‘‘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.’’ The request for reconsideration asserts that ‘‘the situation/ circumstances/duties under petition #80001 are similar in some instances and exactly the same in others’’ to those of TA–W–71,889 and TA–W–73,191. The certifications for TA–W–71,889 and TA–W–73,191 were issued based on the Department’s findings that the workers’ firm supplied a service and that the supply of services was shifted/ acquired from a foreign country. The shift/acquisition of services that was the basis for certification under the Trade Act of 2009 cannot be the basis for certification under the Trade Act of 2002 because the two statutes have different worker group eligibility criteria. After careful review of the request for reconsideration, previously submitted materials, the applicable statute, and relevant regulation, the Department determines that there is no new information, mistake in fact, or misinterpretation of the facts or of the law. 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 28th day of September 2011. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2011–25719 Filed 10–4–11; 8:45 am] mstockstill on DSK4VPTVN1PROD with NOTICES BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–75,043] SpectraWatt, Inc. Including On-Site Leased Workers From Kelly Services Hopewell Junction, NY; Notice of Revised Determination on Reconsideration On June 6, 2011, the Department of Labor issued an Affirmative Determination Regarding Application for Reconsideration applicable to workers and former workers of SpectraWatt, Inc., Hopewell Junction, New York (subject firm). Workers at the subject firm were engaged in employment related to the production of solar cells for their application in solar panels. The worker group includes onsite leased workers from Kelly Services. During the reconsideration investigation, the Department carefully reviewed previously submitted material and analyzed aggregate industry data and industry trends, including U.S. aggregate imports of like or directly competitive articles and finished articles containing components like or directly competitive to those produced by the subject firm. The analysis revealed that, during the period of investigation, imports of articles like or directly competitive with solar cells produced by the subject firm have increased, and that the increased imports of solar cells (or like or directly competitive articles) contributed importantly to the worker group separations and sales/production declines at the subject firm. The analysis also revealed that, over the relevant time period, solar modules installed in the U.S. included a lower percentage of U.S. produced solar cells and that the decline contributed importantly to the worker group separations and sales/production declines at the subject firm. Conclusion After careful review of the additional facts obtained during the reconsideration investigation, I determine that workers of SpectraWatt, Inc., Hopewell Junction, New York, meet the worker group certification criteria under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19 U.S.C. 2273, I make the following certification: All workers of SpectraWatt, Inc., including on-site leased workers from Kelly Services, Hopewell Junction, New York, who became totally or partially separated from employment on or after December 22, 2009, VerDate Mar<15>2010 19:11 Oct 04, 2011 Jkt 226001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 61749 through two years from the date of this revised certification, and all workers in the group threatened with total or partial separation from employment on date of certification through two years from the date of certification, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended. Signed in Washington, DC, this 28th day of September 2011. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2011–25718 Filed 10–4–11; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–73,441; TA–W–73,441A; TA–W– 73,441B; TA–W–73,441C; TA–W–73,441D; TA–W–73,441E; TA–W–73,441F; TA–W– 73,441G] Notice of Revised Determination on Reconsideration TA–W–73,441 Quad Graphics, Inc., Including Leased Workers From Staff Management, Inc., Sussex, WI TA–W–73,441A Quad Tech, Inc., Including Leased Workers From Firstech, Eagle Technology Group, Inc., and RCM Technologies, Sussex, WI TA–W–73,441B Quad Graphics, Inc., Including Leased Workers From Staff Management, Inc., West Allis, WI TA–W–73,441C Quad Graphics, Inc., Including Leased Workers From Staff Management, Inc., Pewaukee, WI TA–W–73,441D Quad Graphics, Inc., Including Leased Workers From Staff Management, Inc., Lomira, WI TA–W–73,441E Quad Graphics, Inc., Including Leased Workers From Staff Management, Inc., Hartford, WI TA–W–73,441F World Color Mt. Morris II, LLC, a Subsidiary of Quad Graphics, Inc., Mt. Morris, IL TA–W–73,441G Quad Graphics, Inc., Including Leased Workers From SPS Temporaries, Depew, NY On February 17, 2011, the Department issued a Notice of Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of Quad Tech, Inc. (subject firm), Sussex, Wisconsin (TA– W–73,441A) to apply for Trade Adjustment Assistance (TAA). The Department’s Notice was published in the Federal Register on March 15, 2011 (76 FR 14099). E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Notices]
[Page 61749]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25718]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-75,043]


SpectraWatt, Inc. Including On-Site Leased Workers From Kelly 
Services Hopewell Junction, NY; Notice of Revised Determination on 
Reconsideration

    On June 6, 2011, the Department of Labor issued an Affirmative 
Determination Regarding Application for Reconsideration applicable to 
workers and former workers of SpectraWatt, Inc., Hopewell Junction, New 
York (subject firm). Workers at the subject firm were engaged in 
employment related to the production of solar cells for their 
application in solar panels. The worker group includes on-site leased 
workers from Kelly Services.
    During the reconsideration investigation, the Department carefully 
reviewed previously submitted material and analyzed aggregate industry 
data and industry trends, including U.S. aggregate imports of like or 
directly competitive articles and finished articles containing 
components like or directly competitive to those produced by the 
subject firm.
    The analysis revealed that, during the period of investigation, 
imports of articles like or directly competitive with solar cells 
produced by the subject firm have increased, and that the increased 
imports of solar cells (or like or directly competitive articles) 
contributed importantly to the worker group separations and sales/
production declines at the subject firm.
    The analysis also revealed that, over the relevant time period, 
solar modules installed in the U.S. included a lower percentage of U.S. 
produced solar cells and that the decline contributed importantly to 
the worker group separations and sales/production declines at the 
subject firm.

Conclusion

    After careful review of the additional facts obtained during the 
reconsideration investigation, I determine that workers of SpectraWatt, 
Inc., Hopewell Junction, New York, meet the worker group certification 
criteria under Section 222(a) of the Act, 19 U.S.C. Sec.  2272(a). In 
accordance with Section 223 of the Act, 19 U.S.C. 2273, I make the 
following certification:

    All workers of SpectraWatt, Inc., including on-site leased 
workers from Kelly Services, Hopewell Junction, New York, who became 
totally or partially separated from employment on or after December 
22, 2009, through two years from the date of this revised 
certification, and all workers in the group threatened with total or 
partial separation from employment on date of certification through 
two years from the date of certification, are eligible to apply for 
adjustment assistance under Chapter 2 of Title II of the Trade Act 
of 1974, as amended.

    Signed in Washington, DC, this 28th day of September 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-25718 Filed 10-4-11; 8:45 am]
BILLING CODE 4510-FN-P
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