U.S. Steel Tubular Products, Inc., Mckeesport Tubular Operations Division, Subsidiary of United States Steel Corporation, Mckeesport, Pennsylvania; Notice of Amended Certification, 37584-37585 [2013-14853]

Download as PDF 37584 Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Notices finance industrial and business activities in rural areas. The Secretary of Labor must review the application for financial assistance for the purpose of certifying to the Secretary of Agriculture that the assistance is not calculated, or likely to result in: (a) A transfer of any employment or business activity from one area to another by the loan applicant’s business operation; or, (b) An increase in the production of goods, materials, services, or facilities in an area where there is not sufficient demand to employ the efficient capacity of existing competitive enterprises unless the financial assistance will not have an adverse impact on existing competitive enterprises in the area. The Employment and Training Administration within the Department of Labor is responsible for the review and certification process. Comments should address the two bases for certification and, if possible, provide data to assist in the analysis of these issues. Signed: at Washington, DC, this 6th of June, 2013. Gerri Fiala, Acting Assistant Secretary, Employment and Training Administration. [FR Doc. 2013–14855 Filed 6–20–13; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration Request for Certification of Compliance—Rural Industrialization Loan and Grant Program Employment and Training Administration, Labor. AGENCY: ACTION: Notice. The Employment and Training Administration is issuing this notice to announce the receipt of a ‘‘Certification of Non-Relocation and Market and Capacity Information Report’’ (Form 4279–2) for the following: TKELLEY on DSK3SPTVN1PROD with NOTICES SUMMARY: Applicant/Location: Spirit Pharmaceutical, Inc./Summerton, South Carolina Principal Product/Purpose: The loan, guarantee, or grant application will be used to purchase and perform improvements to real estate and to purchase equipment associated with the opening of a new pharmaceutical manufacturing facility. The facility will ultimately create three hundred jobs in a distressed area of South Carolina. The NAICS industry codes for this enterprise are: 325411/325412 (Pharmaceutical and Medicine Manufacturing/Pharmaceutical Preparation Manufacturing) VerDate Mar<15>2010 18:32 Jun 20, 2013 Jkt 229001 All interested parties may submit comments in writing no later than July 5, 2013. Copies of adverse comments received will be forwarded to the applicant noted above. DEPARTMENT OF LABOR Address all comments concerning this notice to Anthony D. Dais, U.S. Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room S–4231, Washington, DC 20210; or email Dais.Anthony@dol.gov; or transmit via fax (202) 693–3015 (this is not a toll-free number). U.S. Steel Tubular Products, Inc., Mckeesport Tubular Operations Division, Subsidiary of United States Steel Corporation, Mckeesport, Pennsylvania; Notice of Amended Certification DATES: ADDRESSES: FOR FURTHER INFORMATION CONTACT: Anthony D. Dais, at telephone number (202) 693–2784 (this is not a toll-free number). Section 188 of the Consolidated Farm and Rural Development Act of 1972, as established under 29 CFR part 75, authorizes the United States Department of Agriculture to make or guarantee loans or grants to finance industrial and business activities in rural areas. The Secretary of Labor must review the application for financial assistance for the purpose of certifying to the Secretary of Agriculture that the assistance is not calculated, or likely, to result in: (a) A transfer of any employment or business activity from one area to another by the loan applicant’s business operation; or, (b) An increase in the production of goods, materials, services, or facilities in an area where there is not sufficient demand to employ the efficient capacity of existing competitive enterprises unless the financial assistance will not have an adverse impact on existing competitive enterprises in the area. The Employment and Training Administration within the Department of Labor is responsible for the review and certification process. Comments should address the two bases for certification and, if possible, provide data to assist in the analysis of these issues. SUPPLEMENTARY INFORMATION: Signed: at Washington, DC, this 4th day of June, 2013. Gerri Fiala, Acting Assistant Secretary, Employment and Training Administration. [FR Doc. 2013–14856 Filed 6–20–13; 8:45 am] BILLING CODE 4510–FN–P PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 Employment and Training Administration [TA–W–82,285] Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated in response to a petition for Trade Adjustment Assistance (TAA) filed on December 20, 2012 on behalf of workers of U.S. Steel Tubular Products, McKeesport Tubular Operations Division, a subsidiary of United States Steel Corporation, McKeesport, Pennsylvania (hereafter collectively referred to as ‘‘U.S. Steel Tubular Products’’ or ‘‘subject firm’’). The workers’ firm produces steel drill pipe and drill collars. The worker group does not include on-site leased workers. On January 28, 2013, the Department issued a certification stating that the criteria set forth in Section 222(e) of the Trade Act of 1974, as amended, was met. A review of the determination and the petition, however, revealed that the certification was erroneously issued. Specifically, the determination inaccurately stated that the petition was filed within a year of the March 3, 2011 publication in the Federal Register of the International Trade Commission’s finding that dumping of drill pipes and drill collars from China negatively impacted U.S. firms engaged in production of those articles. Although the subject firm was publicly identified by name by the International Trade Commission (ITC) as a member of a domestic industry in an investigation resulting in a category of determination that is listed in Section 222(e) of the Act, 19 U.S.C. 2272(e), the petition was filed more than a year after the publication of the ITC’s findings in the Federal Register. As such, the Department conducted another investigation to determine whether or not the petitioning worker group has met the criteria set forth in Section 222(a) or (b) of the Trade Act of 1974, as amended. Based on previously-submitted information and additional information obtained during the amendment investigation, the Department has determined that Section 222(a)(1) has been met because a significant number or proportion of the workers at U.S. Steel Tubular Products have become E:\FR\FM\21JNN1.SGM 21JNN1 Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Notices totally or partially separated, or are threatened with such separation; that Section 222(a)(2)(A)(i) has been met because U.S. Steel Tubular Products sales and/or production of steel drill pipe and drill collars have decreased; that Section 222(a)(2)(A)(ii) has been met because aggregate imports of articles like or directly competitive with steel drill pipe and drill collars produced by U.S. Steel Tubular Products have increased during the relevant period; and that Section 222(a)(2)(A)(iii) has been met because increased aggregate imports contributed importantly to the worker group separations and sales/production declines at U.S. Steel Tubular Products. Conclusion After careful review of previouslysubmitted facts and new facts obtained during the amendment investigation, I determine that workers of U.S. Steel Tubular Products, McKeesport Tubular Operations Division, a subsidiary of United States Steel Corporation, McKeesport, Pennsylvania, who were engaged in employment related to the production of steel drill pipe and drill collars, 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 U.S. Steel Tubular Products, McKeesport Tubular Operations Division, a subsidiary of United States Steel Corporation, McKeesport, Pennsylvania, who became totally or partially separated from employment on or after December 19, 2011, through January 28, 2013, and all workers in the group threatened with total or partial separation from employment on January 28, 2013 through January 28, 2015, 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 5th day of June, 2013. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–14853 Filed 6–20–13; 8:45 am] TKELLEY on DSK3SPTVN1PROD with NOTICES BILLING CODE 4510–FN–P VerDate Mar<15>2010 18:32 Jun 20, 2013 Jkt 229001 DEPARTMENT OF LABOR Employment and Training Administration [TA–W–82,396] Sealy Mattress Company; A Subsidiary of Sealy, Inc.; Including On-Site Leased Workers From Express Employment Professionals; Portland, Oregon; Notice of Negative Determination Regarding Application for Reconsideration By application dated May 16, 2013, United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW), Local 330, requested administrative reconsideration of the Department of Labor’s negative determination regarding eligibility to apply for Trade Adjustment Assistance (TAA), applicable to workers and former workers of Sealy Mattress Company, a subsidiary of Sealy, Inc., Portland, Oregon (subject firm). The Department’s Notice of Determination was issued on April 15, 2013 and was published in the Federal Register on May 15, 2013 (78 FR 28630). 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 negative determination of the TAA petition filed on behalf of workers at the subject firm was based on the Department’s findings that, during the relevant period, neither the subject firm nor its customers increased imports of articles like or directly competitive with mattresses or box springs produced by the subject firm; the subject firm did not shift production of mattresses and/or box springs, or like or directly competitive articles, to a foreign country, and did not acquire such production from a foreign country; the subject firm is neither a Supplier nor 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); and the subject firm has not been publically identified by name by the International Trade Commission PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 37585 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 stated that the workers of the subject firm should be eligible to apply for TAA because workers at the subject firm were impacted by foreign competition of imported mattresses and box springs. The request also asserts that increased imports should be measured both absolutely and relative to domestic production, as required by applicable regulation. The request further states that the subject firm is 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). The request for reconsideration includes a reference to a blog that reported that imports of mattresses have increased since 2003, import data that shows that imports of bedding foundations (which are directly competitive with box springs) decreased in 2012 from 2011 levels, a list of bedding companies and sawmills that employed workers who are eligible to apply for TAA, and references on-line articles regarding Sealy Mattress. During the review of the application, the Department carefully reviewed the USW’s request for reconsideration (including the attachments), the existing record, and the articles referenced in the application (‘‘Sealy opens first factory in China’’; February 2011; http:// bedtimesmagazine.com and ‘‘Sealy Opens New Toronto Facility’’; October 15, 2008; http://furninfo.com). The request for reconsideration did not supply facts not previously considered; nor provide additional documentation indicating that there was either (1) a mistake in the determination of facts not previously considered or (2) a misinterpretation of facts or of the law justifying reconsideration of the initial determination. Based on these findings, the Department determines that 29 CFR 90.18(c) has not been met. Conclusion After careful review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor’s prior decision. Accordingly, the application is denied. E:\FR\FM\21JNN1.SGM 21JNN1

Agencies

[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Notices]
[Pages 37584-37585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14853]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-82,285]


U.S. Steel Tubular Products, Inc., Mckeesport Tubular Operations 
Division, Subsidiary of United States Steel Corporation, Mckeesport, 
Pennsylvania; Notice of Amended Certification

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated in response to a petition for Trade 
Adjustment Assistance (TAA) filed on December 20, 2012 on behalf of 
workers of U.S. Steel Tubular Products, McKeesport Tubular Operations 
Division, a subsidiary of United States Steel Corporation, McKeesport, 
Pennsylvania (hereafter collectively referred to as ``U.S. Steel 
Tubular Products'' or ``subject firm''). The workers' firm produces 
steel drill pipe and drill collars. The worker group does not include 
on-site leased workers.
    On January 28, 2013, the Department issued a certification stating 
that the criteria set forth in Section 222(e) of the Trade Act of 1974, 
as amended, was met.
    A review of the determination and the petition, however, revealed 
that the certification was erroneously issued. Specifically, the 
determination inaccurately stated that the petition was filed within a 
year of the March 3, 2011 publication in the Federal Register of the 
International Trade Commission's finding that dumping of drill pipes 
and drill collars from China negatively impacted U.S. firms engaged in 
production of those articles.
    Although the subject firm was publicly identified by name by the 
International Trade Commission (ITC) as a member of a domestic industry 
in an investigation resulting in a category of determination that is 
listed in Section 222(e) of the Act, 19 U.S.C. 2272(e), the petition 
was filed more than a year after the publication of the ITC's findings 
in the Federal Register.
    As such, the Department conducted another investigation to 
determine whether or not the petitioning worker group has met the 
criteria set forth in Section 222(a) or (b) of the Trade Act of 1974, 
as amended.
    Based on previously-submitted information and additional 
information obtained during the amendment investigation, the Department 
has determined that Section 222(a)(1) has been met because a 
significant number or proportion of the workers at U.S. Steel Tubular 
Products have become

[[Page 37585]]

totally or partially separated, or are threatened with such separation; 
that Section 222(a)(2)(A)(i) has been met because U.S. Steel Tubular 
Products sales and/or production of steel drill pipe and drill collars 
have decreased; that Section 222(a)(2)(A)(ii) has been met because 
aggregate imports of articles like or directly competitive with steel 
drill pipe and drill collars produced by U.S. Steel Tubular Products 
have increased during the relevant period; and that Section 
222(a)(2)(A)(iii) has been met because increased aggregate imports 
contributed importantly to the worker group separations and sales/
production declines at U.S. Steel Tubular Products.

Conclusion

    After careful review of previously-submitted facts and new facts 
obtained during the amendment investigation, I determine that workers 
of U.S. Steel Tubular Products, McKeesport Tubular Operations Division, 
a subsidiary of United States Steel Corporation, McKeesport, 
Pennsylvania, who were engaged in employment related to the production 
of steel drill pipe and drill collars, 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 U.S. Steel Tubular Products, McKeesport Tubular 
Operations Division, a subsidiary of United States Steel 
Corporation, McKeesport, Pennsylvania, who became totally or 
partially separated from employment on or after December 19, 2011, 
through January 28, 2013, and all workers in the group threatened 
with total or partial separation from employment on January 28, 2013 
through January 28, 2015, 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 5th day of June, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-14853 Filed 6-20-13; 8:45 am]
BILLING CODE 4510-FN-P