Notice of Investigation Regarding Termination of Certification, 44683 [2012-18421]

Download as PDF 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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 Sfmt 9990 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 E:\FR\FM\30JYN1.SGM 30JYN1

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: 2012-18421]



[[Page 44683]]

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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 On-Site Leased Workers of Robert Half, Orangeburg, SC;
TA-W-80,308A, Roseburg Forest Products, Composite Panel Division, 
Including On-Site 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.

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 Division, Orangeburg, South 
Carolina (TA-W-80,308) and Roseburg Forest Products, Composite Panel 
Division, Russellville, South Carolina (TA-W-80,308A).

    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