American Woodmark Corporation, Moorefield, WV; Notice of Negative Determination on Reconsideration, 44684 [2012-18418]

Download as PDF 44684 Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Notices DEPARTMENT OF LABOR Employment and Training Administration [TA–W–81,287] mstockstill on DSK4VPTVN1PROD with NOTICES American Woodmark Corporation, Moorefield, WV; Notice of Negative Determination on Reconsideration On May 21, 2012, the Department of Labor (Department) issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of American Woodmark Corporation, Moorefield, West Virginia (subject firm). The Department’s Notice was published in theFederal Register on June 6, 2012 (77 FR 33491). The workers are engaged in employment related to the production of kitchen and bath cabinetry products. 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 findings that worker separations were not attributable to increased imports of kitchen and bath cabinetry, or articles like or directly competitive, by the subject firm or its declining customers. Further, worker separations were not attributable to a shift of production of kitchen and bath cabinetry, or articles like or directly competitive, to a foreign country, or a foreign acquisition of these products by the workers’ firm. In the request for reconsideration, petitioners alleged that workers at the subject firm were impacted by increased import competition of kitchen and bath cabinetry products or like or directly competitive articles. During the reconsideration investigation, the Department reviewed and confirmed information collected during the initial investigation and collected additional information from the subject firm. The reconsideration investigation findings confirmed that the subject firm and its major customers did not import articles like or directly competitive with kitchen and bath cabinetry products in the period under investigation. VerDate Mar<15>2010 17:34 Jul 27, 2012 Jkt 226001 Additionally, the reconsideration investigation findings confirmed that the subject firm did not shift the production of kitchen and bath cabinetry products, or like or directly competitive articles, to a foreign country or acquire the production of such articles from a foreign country. After careful review of the request for reconsideration, previously-submitted information, and information obtained during the reconsideration investigation, 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. 272, have not been met and, therefore, deny the petition for group eligibility of to apply for adjustment assistance, in accordance with Section 223 of the Act, 19 U.S.C. 2273. Signed in Washington, DC, on this 13th day of July, 2012. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2012–18418 Filed 7–27–12; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–81,448] General Dynamics Itronix Corporation; A Subsidiary of General Dynamics Corporation, Including Remote Workers Reporting to Sunrise, FL; Notice of Revised Determination on Reconsideration On June 22, 2012, the Department of Labor issued a Notice of Affirmative Determination Regarding Application for Reconsideration applicable to workers and former workers of General Dynamics Itronix Corporation, a subsidiary of General Dynamics Corporation, Sunrise, Florida (subject firm). The workers’ firm is engaged in activities related to the supply of program management services for rugged laptop computers and rugged mobile devices. The worker group includes remote workers reporting to Sunrise, Florida. Based on information provided during the reconsideration investigation, the Department determines that worker separations at the subject firm are related to increased imports of articles which are produced using services supplied by the subject firm. PO 00000 Frm 00106 Fmt 4703 Sfmt 9990 Section 222(a)(1) has been met because a significant number or proportion of the workers in General Dynamics Itronix Corporation, Sunrise, Florida have become totally or partially separated, or are threatened to become totally or partially separated. Section 222(a)(2)(A)(i) has been met because the sales and/or production by General Dynamics Itronix Corporation, Sunrise, Florida have decreased absolutely. Section 222(a)(2)(A)(ii) has been met because company imports of articles like or directly competitive with those which are/were produced by using the services supplied by workers of General Dynamics Itronix Corporation, Sunrise, Florida have increased during the relevant period. Finally, Section 222(a)(2)(A)(iii) has been met because increased company imports contributed importantly to the worker group separations and sales/ production declines at General Dynamics Itronix Corporation, Sunrise, Florida. Conclusion After careful review of the additional facts obtained on reconsideration, I determine that workers of General Dynamics Itronix Corporation, a subsidiary of General Dynamics Corporation, including remote workers reporting to, Sunrise, Florida, who are/ were engaged in employment related to the supply of program management services for rugged laptop computers and rugged mobile devices, 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 General Dynamics Itronix Corporation, a subsidiary of General Dynamics Corporation, including remote workers reporting to, Sunrise, Florida, who became totally or partially separated from employment on or after March 23, 2011, through two years from the date of certification, and all workers in the group threatened with total or partial separation from employment on the 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 16th day of July 2012. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2012–18420 Filed 7–27–12; 8:45 am] BILLING CODE 4510–FN–P E:\FR\FM\30JYN1.SGM 30JYN1

Agencies

[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Notices]
[Page 44684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18418]



[[Page 44684]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-81,287]


American Woodmark Corporation, Moorefield, WV; Notice of Negative 
Determination on Reconsideration

    On May 21, 2012, the Department of Labor (Department) issued an 
Affirmative Determination Regarding Application for Reconsideration for 
the workers and former workers of American Woodmark Corporation, 
Moorefield, West Virginia (subject firm). The Department's Notice was 
published in theFederal Register on June 6, 2012 (77 FR 33491). The 
workers are engaged in employment related to the production of kitchen 
and bath cabinetry products.
    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 findings that worker separations were not attributable to 
increased imports of kitchen and bath cabinetry, or articles like or 
directly competitive, by the subject firm or its declining customers. 
Further, worker separations were not attributable to a shift of 
production of kitchen and bath cabinetry, or articles like or directly 
competitive, to a foreign country, or a foreign acquisition of these 
products by the workers' firm.
    In the request for reconsideration, petitioners alleged that 
workers at the subject firm were impacted by increased import 
competition of kitchen and bath cabinetry products or like or directly 
competitive articles.
    During the reconsideration investigation, the Department reviewed 
and confirmed information collected during the initial investigation 
and collected additional information from the subject firm.
    The reconsideration investigation findings confirmed that the 
subject firm and its major customers did not import articles like or 
directly competitive with kitchen and bath cabinetry products in the 
period under investigation. Additionally, the reconsideration 
investigation findings confirmed that the subject firm did not shift 
the production of kitchen and bath cabinetry products, or like or 
directly competitive articles, to a foreign country or acquire the 
production of such articles from a foreign country.
    After careful review of the request for reconsideration, 
previously-submitted information, and information obtained during the 
reconsideration investigation, 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. 272, have not been met and, therefore, deny 
the petition for group eligibility of to apply for adjustment 
assistance, in accordance with Section 223 of the Act, 19 U.S.C. 2273.

    Signed in Washington, DC, on this 13th day of July, 2012.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-18418 Filed 7-27-12; 8:45 am]
BILLING CODE 4510-FN-P