Niles America Wintech, Inc., Warehousing Division, a Valeo Company, Including On-Site Leased Workers from, Adecco Employment Services, Winchester, KY; Niles America Wintech, Inc., Assembly and Testing Division, a Valeo Company, Including On-Site Leased Workers from Adecco Employment Services, Winchester, KY; Notice of Affirmative Determination Regarding Application for Reconsideration, 62260 [2012-25135]
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62260
Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Notices
infringe claim 9. Id. With respect to the
‘704 patent, the Commission determined
not to review the ALJ’s conclusion that
the asserted claims of the ‘704 patent are
invalid for indefiniteness. Id. The
Commission further determined to
review and vacate as moot the ID’s
remaining findings with respect to the
‘704 patent. The Commission
determined not to review the remainder
of the ID. Id.
On August 15, 2012, Kaneka and SKC
each filed submissions on review. On
August 22, 2012, each filed reply
submissions.
On review, having examined the final
ID, the submissions of the parties, and
the relevant portions of the record in
this investigation, the Commission has
determined to affirm the ID with respect
to the issues on review. With respect to
the ‘866 patent, the Commission has
determined to affirm the ALJ’s
determination that Kaneka has failed to
satisfy the technical prong of the
domestic industry requirement on
modified grounds. With respect to the
‘961 patent, the Commission has
determined to affirm the ALJ’s finding
that the IN70 (50mm) product infringes
claim 9 and the other accused products
do not. The investigation is terminated.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and under Part 210 of the Commission’s
Rules of Practice and Procedure (19 CFR
Part 210).
By order of the Commission.
Issued: October 5, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012–25077 Filed 10–11–12; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Employment and Training
Administration
wreier-aviles on DSK5TPTVN1PROD with NOTICES
[TA–W–81,689; TA–W–81,689A]
Niles America Wintech, Inc.,
Warehousing Division, a Valeo
Company, Including On-Site Leased
Workers from, Adecco Employment
Services, Winchester, KY; Niles
America Wintech, Inc., Assembly and
Testing Division, a Valeo Company,
Including On-Site Leased Workers
from Adecco Employment Services,
Winchester, KY; Notice of Affirmative
Determination Regarding Application
for Reconsideration
By application dated August 28, 2012
a petitioning worker, requested
administrative reconsideration of the
VerDate Mar<15>2010
13:59 Oct 11, 2012
Jkt 229001
negative determination regarding
workers’ eligibility to apply for Trade
Adjustment Assistance (TAA)
applicable to workers and former
workers of Niles America Wintech, Inc.,
Warehousing Division and Assembly
and Testing Division, including on-site
leased workers from Adecco
Employment Services, Winchester,
Kentucky (collectively referred to as the
subject firm). The determination was
issued on July 31, 2012. The
Department’s Notice of determination
was published in the Federal Register
on August 16, 2012 (77 FR 49462).
The initial investigation resulted in a
negative determination based on the
findings that the subject firm did not
import services like or directly
competitive with the order management,
shipping, receiving, and warehousing
services supplied by the subject
workers.
Further, the subject firm did not shift
the supply of order management,
shipping, receiving and warehousing
services (or like or directly competitive
services) to a foreign country or acquire
the supply of such services from a
foreign country.
The initial investigation also revealed
that the subject firm is not a Supplier to
or act as a Downstream Producer to a
firm that employed a group of workers
who received a certification of eligibility
under Section 222(a) of the Act, 19
U.S.C. 2272(a).
In addition, the subject firm did not
satisfy the group eligibility requirements
under Section 222(e) of the Act, either
because Criterion (1) has not been met
since the workers’ firm has not been
publically identified by name by the
International Trade Commission as a
member of a domestic industry in an
investigation resulting in an affirmative
finding of serious injury, market
disruption, or material injury, or threat
thereof.
Finally, with respect to Section 222(a)
and Section 222(b) of the Act, the
investigation revealed that Criterion (1)
has not been met because a significant
number or proportion of the workers in
such workers’ firm, have not become
totally or partially separated, during the
relevant time period, nor are they
threatened to become totally or partially
separated.
In request for reconsideration, the
petitioner supplied new information
regarding the number of workers who
have been separated or have been
threatened with separation.
The Department of Labor has carefully
reviewed the request for reconsideration
and the existing record, and has
determined that the Department will
conduct further investigation to
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
determine if the workers meet the
eligibility requirements of the Trade Act
of 1974, as amended.
Conclusion
After careful review of the
application, I conclude that the claim is
of sufficient weight to justify
reconsideration of the U.S. Department
of Labor’s prior decision. The
application is, therefore, granted.
Signed at Washington, DC, this 26th day of
September, 2012.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2012–25135 Filed 10–11–12; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Notice of Determinations Regarding
Eligibility To Apply for Worker
Adjustment Assistance
In accordance with Section 223 of the
Trade Act of 1974, as amended (19
U.S.C. 2273) the Department of Labor
herein presents summaries of
determinations regarding eligibility to
apply for trade adjustment assistance for
workers by (TA–W) number issued
during the period of September 24, 2012
through September 28, 2012.
In order for an affirmative
determination to be made for workers of
a primary firm and a certification issued
regarding eligibility to apply for worker
adjustment assistance, each of the group
eligibility requirements of Section
222(a) of the Act must be met.
I. Under Section 222(a)(2)(A), the
following must be satisfied:
(1) A significant number or proportion
of the workers in such workers’ firm
have become totally or partially
separated, or are threatened to become
totally or partially separated;
(2) The sales or production, or both,
of such firm have decreased absolutely;
and
(3) One of the following must be
satisfied:
(A) Imports of articles or services like
or directly competitive with articles
produced or services supplied by such
firm have increased;
(B) Imports of articles like or directly
competitive with articles into which one
or more component parts produced by
such firm are directly incorporated,
have increased;
(C) Imports of articles directly
incorporating one or more component
parts produced outside the United
E:\FR\FM\12OCN1.SGM
12OCN1
]]>Agencies
[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Notices]
[Page 62260]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25135]
=======================================================================
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-81,689; TA-W-81,689A]
Niles America Wintech, Inc., Warehousing Division, a Valeo
Company, Including On-Site Leased Workers from, Adecco Employment
Services, Winchester, KY; Niles America Wintech, Inc., Assembly and
Testing Division, a Valeo Company, Including On-Site Leased Workers
from Adecco Employment Services, Winchester, KY; Notice of Affirmative
Determination Regarding Application for Reconsideration
By application dated August 28, 2012 a petitioning worker,
requested administrative reconsideration of the negative determination
regarding workers' eligibility to apply for Trade Adjustment Assistance
(TAA) applicable to workers and former workers of Niles America
Wintech, Inc., Warehousing Division and Assembly and Testing Division,
including on-site leased workers from Adecco Employment Services,
Winchester, Kentucky (collectively referred to as the subject firm).
The determination was issued on July 31, 2012. The Department's Notice
of determination was published in the Federal Register on August 16,
2012 (77 FR 49462).
The initial investigation resulted in a negative determination
based on the findings that the subject firm did not import services
like or directly competitive with the order management, shipping,
receiving, and warehousing services supplied by the subject workers.
Further, the subject firm did not shift the supply of order
management, shipping, receiving and warehousing services (or like or
directly competitive services) to a foreign country or acquire the
supply of such services from a foreign country.
The initial investigation also revealed that the subject firm is
not a Supplier to or act as a Downstream Producer to a firm that
employed a group of workers who received a certification of eligibility
under Section 222(a) of the Act, 19 U.S.C. 2272(a).
In addition, the subject firm did not satisfy the group eligibility
requirements under Section 222(e) of the Act, either because Criterion
(1) has not been met since the workers' firm has not been publically
identified by name by the International Trade Commission as a member of
a domestic industry in an investigation resulting in an affirmative
finding of serious injury, market disruption, or material injury, or
threat thereof.
Finally, with respect to Section 222(a) and Section 222(b) of the
Act, the investigation revealed that Criterion (1) has not been met
because a significant number or proportion of the workers in such
workers' firm, have not become totally or partially separated, during
the relevant time period, nor are they threatened to become totally or
partially separated.
In request for reconsideration, the petitioner supplied new
information regarding the number of workers who have been separated or
have been threatened with separation.
The Department of Labor has carefully reviewed the request for
reconsideration and the existing record, and has determined that the
Department will conduct further investigation to determine if the
workers meet the eligibility requirements of the Trade Act of 1974, as
amended.
Conclusion
After careful review of the application, I conclude that the claim
is of sufficient weight to justify reconsideration of the U.S.
Department of Labor's prior decision. The application is, therefore,
granted.
Signed at Washington, DC, this 26th day of September, 2012.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-25135 Filed 10-11-12; 8:45 am]
BILLING CODE 4510-FN-P
