ICG Knott County Coal, LLC, a Subsidiary of ICG, Inc., Kite, Kentucky; Notice of Affirmative Determination Regarding Application for Reconsideration, 32463-32464 [2013-12736]

Download as PDF Federal Register / Vol. 78, No. 104 / Thursday, May 30, 2013 / Notices TKELLEY on DSK3SPTVN1PROD with NOTICES subject firm supplied maintenance services on-site at HOVENSA, LLC Oil Refinery, Christiansted, St. Croix, U.S. Virgin Islands (subject facility), Wyatt VI, Inc. is a domestic firm and the subject worker group was based out of Texas. The subject firm was under contract with HOVENSA, LLC (HOVENSA) during the relevant time period for the supply of maintenance services at the oil refinery and the worker group subject to this investigation was recruited from Texas on a seasonal and ‘‘as needed’’ staffing basis. The initial determination was based on the findings that, although a significant proportion of the subject worker group had become separated, imports of services like or directly competitive with the maintenance services supplied by the subject firm had not increased; the subject firm had not shifted the supply of services like or directly competitive with maintenance services to a foreign country or acquired like or directly competitive services from a foreign country; the subject firm was not a supplier or downstream producer to a firm that employed a group of workers who received a certification to apply for adjustment assistance; and the subject firm was not publicly 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. Reconsideration Investigation By application dated May 18, 2012, a State workforce office agent requested, on behalf of a worker, administrative reconsideration of the Department’s negative determination regarding the eligibility of the subject worker group to apply for adjustment assistance. In the application, the worker stated that the initial negative determination was inaccurate because ‘‘International Global Trade & its initial impact contributed to the losses & closure of HOVENSA oil refinery, which displaced & dislocated thousands of workers, not to mention that those jobs will not return.’’ On June 26, 2012, the Department issued a Notice of Affirmative Determination Regarding Application for Reconsideration in order to conduct further investigation to determine worker eligibility. The Department’s Notice was published in the Federal Register on July 10, 2012 (77 FR 40637). In the course of the reconsideration investigation, the Department reviewed the Trade Act, as amended, applicable VerDate Mar<15>2010 16:25 May 29, 2013 Jkt 229001 regulations, previously-submitted information, information provided by the worker on whose behalf the request for reconsideration was filed, and new information provided by the subject firm. During the reconsideration investigation, the Department clarified the identity of the subject worker group. The Department confirmed that HOVENSA was the only customer of Wyatt V.I., Inc. during the relevant time period, that Wyatt V.I., Inc. was created exclusively for the contract with HOVENSA, and that the subject worker group was established to exclusively work at the HOVENSA refinery plant in the U.S. Virgin Islands. Specifically, the subject workers were temporary workers who were hired by Wyatt V.I., Inc. to perform maintenance services. As such, the Department determines that the subject worker group is limited to workers of Wyatt V.I., Inc., a division of Wyatt Field Service Company, working on-site at HOVENSA, LLC Oil Refinery, Christiansted, St. Croix, U.S. Virgin Islands. Section 222(a)(1) and Section 222(a)(2)(A)(i) have been met because a significant number or proportion of workers of Wyatt V.I., Inc., working onsite at HOVENSA, LLC Oil Refinery, Christiansted, St. Croix, U.S. Virgin Islands, have become totally separated and because the supply of maintenance services supplied by the subject worker group have decreased absolutely. Section 222(a)(2)(A)(ii) has not been met because neither increased imports of services like or directly competitive with the maintenance services supplied by the subject worker groups nor increased imports of refined petroleum products (the article which was produced directly using the maintenance services supplied by the subject worker group) could not have contributed importantly to worker separations at the subject firm. Section 247(7) of the Trade Act, as amended (19 U.S.C. § 2319) defines ‘‘state’’ to mean the fifty States compromising the United States of America (U.S.), the District of Columbia, and the Commonwealth of Puerto Rico. Further, the regulation addressing benefits available under the Trade Program defines ‘‘State’’ to mean the fifty States compromising the U.S., the District of Columbia, and the Commonwealth of Puerto Rico. 20 C.F.R. 617.3(hh) 29 CFR 90.2 states that ‘‘Increased imports means that imports have increased either absolutely or relative to domestic production compared to a representative base period.’’ PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 32463 Because the subject worker group provided services on-site at a facility within the U.S. Virgin Islands, shipments of refined petroleum products, or like or directly competitive articles, into the U.S. Virgin Islands could not be considered imports into the United States, for purposes of the Trade Act, as amended. Consequently, there were no imports during the relevant period, for purposes of the Trade Act, as amended. Section 222(a)(2)(B)(i) has not been met because the subject firm did not shift to a foreign country, or acquire from a foreign country, the supply of services like or directly competitive with the maintenance services supplied by the subject worker group. Rather, the supply of maintenance services at HOVENSA ceased when the contract between the subject firm and HOVENSA (its only client) was terminated. Further, any shift in the supply of services from the U.S. Virgin Islands would not constitute a shift from the United States to a foreign country as the U.S. Virgin Islands is not considered a state, for purposes of the Trade Act, as amended. Conclusion After careful review of the Trade Act of 1974, as amended, applicable regulation, and information obtained during the initial and reconsideration investigations, I determine that workers and former workers of Wyatt Virgin Islands (V.I.), Inc., a division of Wyatt Field Service Company, working on-site at HOVENSA, LLC Oil Refinery, Christiansted, St. Croix, U.S. Virgin Islands, are ineligible to apply for adjustment assistance. Signed in Washington, DC, on this 17th day of May, 2013. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–12738 Filed 5–29–13; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–82,313] ICG Knott County Coal, LLC, a Subsidiary of ICG, Inc., Kite, Kentucky; Notice of Affirmative Determination Regarding Application for Reconsideration By application dated May 6, 2013, a petitioner requested administrative reconsideration of the negative determination regarding workers’ E:\FR\FM\30MYN1.SGM 30MYN1 32464 Federal Register / Vol. 78, No. 104 / Thursday, May 30, 2013 / Notices eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers and former workers of ICG Knott County Coal, LLC, a subsidiary of ICG, Inc., Kite, Kentucky (subject firm). The negative determination was issued on April 30, 2013. The workers’ firm is engaged in activities related to the production of bituminous coal. The initial investigation resulted in a negative determination based on the findings that imports of articles like or directly competitive with the articles produced by the workers did not increase during the relevant period; neither the subject firm nor its major customers increased imports of articles like or directly competitive with the articles produced by the subject workers; the subject firm did not shift production of like or directly competitive articles to a foreign country, and did not acquire production of like or directly competitive articles from a foreign country; the subject firm is neither a Supplier nor Downstream Producer to a firm (or subdivision, whichever is applicable) 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); and the subject 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. The request for reconsideration included new information regarding the articles produced by the petitioning worker group. The Department has carefully reviewed the request for reconsideration and the existing record, and will conduct further investigation to determine if workers have met the eligibility requirements of the Trade Act of 1974, as amended. Conclusion TKELLEY on DSK3SPTVN1PROD with NOTICES 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 16th day of May, 2013. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–12736 Filed 5–29–13; 8:45 am] BILLING CODE 4510–FN–P VerDate Mar<15>2010 16:25 May 29, 2013 Jkt 229001 Signed at Washington, DC this 14th day of May 2013. Michael W. Jaffe, Certifying Officer, Office of Trade Adjustment Assistance. DEPARTMENT OF LABOR Employment and Training Administration [TA–W–82,471] [FR Doc. 2013–12731 Filed 5–29–13; 8:45 am] Amantea Nonwovens, LLC, Including On-Site Leased Workers From Express Employment Professionals, The Job Store, and Staffmark, Cincinnati, Ohio; Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance BILLING CODE 4510–FN–P In accordance with Section 223 of the Trade Act of 1974, as amended (‘‘Act’’), 19 U.S.C. 2273, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on February 25, 2013, applicable to workers of Amantea Nonwovens, L.L.C. including on-site leased workers from Express Employment Professionals and The Job Store, Cincinnati, Ohio. The workers are engaged in activities related to the production of nonwoven diaper components. The notice was published in the Federal Register on March 26, 2013 (78 FR 18367). At the request of a company official, the Department reviewed the certification for workers of the subject firm. New information from the company shows that workers leased from Staffmark were employed on-site at the Cincinnati, Ohio location of Amantea Nonwovens, L.L.C. The Department has determined that these workers were sufficiently under the control of Amantea Nonwovens, L.L.C. to be considered leased workers. The intent of the Department’s certification is to include all workers of the subject firm who were adversely affected by a shift in the production of nonwoven diaper components to China. Based on these findings, the Department is amending this certification to include workers leased from Staffmark working on-site at the Cincinnati, Ohio location of the subject firm. The amended notice applicable to TA–W–82,471 is hereby issued as follows: All workers from Amantea Nonwovens, L.L.C. including on-site leased workers from Express Employment Professionals, The Job Store and Staffmark, Cincinnati, Ohio, who became totally or partially separated from employment on or after February 18, 2012, through March February 25, 2015, and all workers in the group threatened with total or partial separation from employment on 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. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 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 May 6, 2013 through May 10, 2013. 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 States that are like or directly competitive with imports of articles incorporating one or more component parts produced by such firm have increased; (D) imports of articles like or directly competitive with articles which are produced directly using services supplied by such firm, have increased; and (4) the increase in imports contributed importantly to such workers’ separation E:\FR\FM\30MYN1.SGM 30MYN1

Agencies

[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Notices]
[Pages 32463-32464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12736]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-82,313]


ICG Knott County Coal, LLC, a Subsidiary of ICG, Inc., Kite, 
Kentucky; Notice of Affirmative Determination Regarding Application for 
Reconsideration

    By application dated May 6, 2013, a petitioner requested 
administrative reconsideration of the negative determination regarding 
workers'

[[Page 32464]]

eligibility to apply for Trade Adjustment Assistance (TAA) applicable 
to workers and former workers of ICG Knott County Coal, LLC, a 
subsidiary of ICG, Inc., Kite, Kentucky (subject firm). The negative 
determination was issued on April 30, 2013. The workers' firm is 
engaged in activities related to the production of bituminous coal.
    The initial investigation resulted in a negative determination 
based on the findings that imports of articles like or directly 
competitive with the articles produced by the workers did not increase 
during the relevant period; neither the subject firm nor its major 
customers increased imports of articles like or directly competitive 
with the articles produced by the subject workers; the subject firm did 
not shift production of like or directly competitive articles to a 
foreign country, and did not acquire production of like or directly 
competitive articles from a foreign country; the subject firm is 
neither a Supplier nor Downstream Producer to a firm (or subdivision, 
whichever is applicable) 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); and the subject 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.
    The request for reconsideration included new information regarding 
the articles produced by the petitioning worker group.
    The Department has carefully reviewed the request for 
reconsideration and the existing record, and will conduct further 
investigation to determine if workers have met 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 16th day of May, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-12736 Filed 5-29-13; 8:45 am]
BILLING CODE 4510-FN-P

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