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]

Download as PDF 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]


=======================================================================
-----------------------------------------------------------------------

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