Phillips-Van Heusen Corporation, IZOD Dress Furnishings Division, New York, NY; Notice of Negative Determination on Reconsideration, 44683 [2012-18417]
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Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Notices
Division, Orangeburg, South Carolina
(TA–W–80,308) and Roseburg Forest
Products, Composite Panel Division,
Russellville, South Carolina (TA–W–
80,308A).
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–80,308; TA–W–80,308A]
Notice of Investigation Regarding
Termination of Certification
TA–W–80,308, Roseburg Forest Products,
Composite Panel Division, Including OnSite Leased Workers of Robert Half,
Orangeburg, SC;
TA–W–80,308A, Roseburg Forest Products,
Composite Panel Division, Including OnSite Leased Workers of Robert Half,
Russellville, SC.
On its own motion, the Department of
Labor (Department) has initiated an
investigation regarding the possible
termination of certification regarding
workers’ eligibility to apply for Trade
Adjustment Assistance (TAA)
applicable to workers and former
workers of Roseburg Forest Products,
Composite Panel Division, Orangeburg,
South Carolina and Russellville, South
Carolina (hereafter collectively referred
to as the subject firm). The certification
was issued on August 12, 2011. The
Department’s Notice of determination
was published in the Federal Register
on September 2, 2011 (76 FR 54796).
The certification was based on the
Department’s findings that aggregate
industry imports of articles like or
directly competitive with softwood and
hardwood lumber products produced by
the subject firm had contributed
importantly to worker separations at the
subject firm.
Subsequent to the issuance of the
certification, the Department received
new information that the aggregate
industry imports analyzed by the
Department are not specific to the
subset of the industry in which the
subject firm is situated.
Based on a careful review of new
information and previously submitted
information, the Department has reason
to believe that the total or partial
separations at the subject firm are no
longer attributable to the conditions
specified in Section 222 of the Trade
Act of 1974, as amended, and 29 CFR
90(b). Consequently, the Department is
conducting an investigation pursuant to
29 CFR 90.17.
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Conclusion
After careful review, I conclude that
the evidence is of sufficient weight to
justify the investigation regarding the
termination of certification regarding
workers’ eligibility to apply for Trade
Adjustment Assistance applicable to
workers and former workers of Roseburg
Forest Products, Composite Panel
VerDate Mar<15>2010
17:34 Jul 27, 2012
Jkt 226001
Signed at Washington, DC, this 17th day of
July, 2012.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2012–18421 Filed 7–27–12; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–81,264]
Phillips-Van Heusen Corporation, IZOD
Dress Furnishings Division, New York,
NY; Notice of Negative Determination
on Reconsideration
On May 21, 2012, the Department of
Labor issued an Affirmative
Determination Regarding Application
for Reconsideration for the workers and
former workers of Phillips-Van Heusen
Corporation, IZOD Women’s Wholesale
Division, New York, New York. The
Department’s Notice of determination
was published in the Federal Register
on April 19, 2012 (77 FR 23511).
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 Trade Adjustment
Assistance (TAA) investigation resulted
in a negative determination based on the
findings that with respect to Section
222(a)(2)(A)(ii) of the Act, imports of
services like or directly competitive
with the design, sourcing, and sales
services supplied by Phillips-Van
Heusen Corporation, IZOD Women’s
Wholesale Division, New York, New
York has not increased.
In the request for reconsideration, the
worker on whose behalf the New York
State Department of Labor filed the
initial TAA petition claimed that the
worker group in the original
investigation (workers of Phillips-Van
Heusen Corporation, IZOD Women’s
Wholesale Division, New York, New
PO 00000
Frm 00105
Fmt 4703
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44683
York) was incorrect, that the subject
workers are part of the ‘‘Color
Department’’ of the ‘‘Men’s Dress Shirt
Division’’ at Phillips-Van Heusen
Corporation, New York, New York, and
that the separated workers were affected
by a shift in the supply of color
approval services to China.
Information obtained during the
reconsideration investigation confirmed
that Phillips-Van Heusen Corporation,
Izod Dress Furnishings Division, New
York, New York is the correct subject of
the TAA investigation.
The reconsideration investigation
revealed that, with respect to Section
222(a) and Section 222(b) of the Act,
Criterion (1) has not been met. The
investigation revealed that a significant
number or proportion of the workers in
Phillips-Van Heusen Corporation, Izod
Dress Furnishings Division, New York,
New York, have not become totally or
partially separated, nor are they
threatened to become totally or partially
separated.
Significant number or proportion of
the workers means at least three workers
in a firm (or appropriate subdivision of
the firm) with a work force of fewer than
fifty workers or, in a firm (or
appropriate subdivision of the firm)
with a work force of fifty or more
workers, at least five percent of the
workers or fifty workers (whichever is
less). 29 CFR 90.2
Therefore, after careful review of the
request for reconsideration, the
Department determines that 29 CFR
90.18(c) has not been met.
Conclusion
After careful review, I determine that
the requirements of Section 222 of the
Act, 19 U.S.C. 2272, have not been met
and, therefore, deny the petition for
group eligibility of Phillips-Van Heusen
Corporation, Izod Dress Furnishings
Division, New York, New York, to apply
for adjustment assistance, in accordance
with Section 223 of the Act, 19 U.S.C.
2273.
Signed in Washington, DC, on this 16th
day of July 2012.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2012–18417 Filed 7–27–12; 8:45 am]
BILLING CODE 4510–FN–P
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]]>Agencies
[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Notices]
[Page 44683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18417]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-81,264]
Phillips-Van Heusen Corporation, IZOD Dress Furnishings Division,
New York, NY; Notice of Negative Determination on Reconsideration
On May 21, 2012, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the workers
and former workers of Phillips-Van Heusen Corporation, IZOD Women's
Wholesale Division, New York, New York. The Department's Notice of
determination was published in the Federal Register on April 19, 2012
(77 FR 23511).
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 Trade Adjustment Assistance (TAA) investigation
resulted in a negative determination based on the findings that with
respect to Section 222(a)(2)(A)(ii) of the Act, imports of services
like or directly competitive with the design, sourcing, and sales
services supplied by Phillips-Van Heusen Corporation, IZOD Women's
Wholesale Division, New York, New York has not increased.
In the request for reconsideration, the worker on whose behalf the
New York State Department of Labor filed the initial TAA petition
claimed that the worker group in the original investigation (workers of
Phillips-Van Heusen Corporation, IZOD Women's Wholesale Division, New
York, New York) was incorrect, that the subject workers are part of the
``Color Department'' of the ``Men's Dress Shirt Division'' at Phillips-
Van Heusen Corporation, New York, New York, and that the separated
workers were affected by a shift in the supply of color approval
services to China.
Information obtained during the reconsideration investigation
confirmed that Phillips-Van Heusen Corporation, Izod Dress Furnishings
Division, New York, New York is the correct subject of the TAA
investigation.
The reconsideration investigation revealed that, with respect to
Section 222(a) and Section 222(b) of the Act, Criterion (1) has not
been met. The investigation revealed that a significant number or
proportion of the workers in Phillips-Van Heusen Corporation, Izod
Dress Furnishings Division, New York, New York, have not become totally
or partially separated, nor are they threatened to become totally or
partially separated.
Significant number or proportion of the workers means at least
three workers in a firm (or appropriate subdivision of the firm) with a
work force of fewer than fifty workers or, in a firm (or appropriate
subdivision of the firm) with a work force of fifty or more workers, at
least five percent of the workers or fifty workers (whichever is less).
29 CFR 90.2
Therefore, after careful review of the request for reconsideration,
the Department determines that 29 CFR 90.18(c) has not been met.
Conclusion
After careful review, I determine that the requirements of Section
222 of the Act, 19 U.S.C. 2272, have not been met and, therefore, deny
the petition for group eligibility of Phillips-Van Heusen Corporation,
Izod Dress Furnishings Division, New York, New York, to apply for
adjustment assistance, in accordance with Section 223 of the Act, 19
U.S.C. 2273.
Signed in Washington, DC, on this 16th day of July 2012.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-18417 Filed 7-27-12; 8:45 am]
BILLING CODE 4510-FN-P
