Fisher and Ludlow A Nucor Company Saegertown, Pennsylvania; Notice of Affirmative Determination Regarding Application for Reconsideration, 33955 [2014-13877]

Download as PDF Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Notices supply from a foreign location like or directly competitive services while decreasing services supplied within the United States. The request for reconsideration included new information in support of the allegations. The Department 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. 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 30th day of May, 2014. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2014–13875 Filed 6–12–14; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–85,104] mstockstill on DSK4VPTVN1PROD with NOTICES Fisher and Ludlow A Nucor Company Saegertown, Pennsylvania; Notice of Affirmative Determination Regarding Application for Reconsideration By application dated May 2, 2014, a representative of United Steelworkers, District 10, requested administrative reconsideration of the negative determination regarding workers’ eligibility to apply for Alternative Trade Adjustment Assistance (ATAA) applicable to workers and former workers of Fisher and Ludlow, a Nucor Company, Saegertown, Pennsylvania. The determination was issued on April 8, 2014 and the Department’s Notice of determination was published in the Federal Register on April 29, 2014 (79 FR 24018). The group eligibility requirements for workers of a firm under Section 246(a)(3)(A)(ii) of the Trade Act are satisfied if the following criteria are met: (III) The competitive conditions within the workers’ industry (i.e., conditions within the industry are adverse). The negative determination for ATAA was based on the Department’s findings that Section 246(a)(3)(A)(ii)(II) was not been met because the workers in the workers’ firm possess skills that are easily transferrable and Section 246(a)(3)(A)(ii)(III) was not been met because conditions within the workers’ industry are not adverse. 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 request for reconsideration asserts that the workers in the workers’ firm possess skills that are not easily transferrable and that conditions within the workers’ industry are adverse. The request provides facts not previously considered to support the assertions. 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 28th day of May, 2014. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2014–13877 Filed 6–12–14; 8:45 am] BILLING CODE 4510–FN–P (I) Whether a significant number of workers in the workers’ firm are 50 years of age or older; (II) Whether the workers in the workers’ firm possess skills that are not easily transferable; and VerDate Mar<15>2010 18:01 Jun 12, 2014 Jkt 232001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 33955 DEPARTMENT OF LABOR Employment and Training Administration [TA–W–85,019] Salience Insight, Inc. F/K/A KD Paine & Partners, Inc. A Subsidiary of News Group International Berlin, New Hampshire; Notice of Negative Determination on Reconsideration On April 11, 2014, the Department of Labor issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of Salience Insight, Inc., formerly known as KD Paine & Partners, Inc., a subsidiary of News Group International, Berlin, New Hampshire (subject firm). The Department’s Notice of determination was published in the Federal Register on May 7, 2014 (79 FR 26268). Workers of a firm may be eligible for worker adjustment assistance if they satisfy the criteria of subsection (a) and (b) of Section 222 of the Trade Act of 1974, as amended (the ‘‘Act’’), 19 U.S.C. 2272(a) and (b). For the Department of Labor to issue a certification for workers under Section 222(a) of the Act, 19 U.S.C. 2272(a), the following three criteria must be met: (1) The first criterion (set forth in Section 222(a)(1) of the Act, 19 U.S.C. § 2272(a)(1)) requires that a significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; (2) The second criterion (set forth in Section 222(a)(2) of the Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two ways: (A) Increased Imports Path: (i) Sales or production, or both, at the workers’ firm must have decreased absolutely, AND (ii) imports of articles like or directly competitive with articles produced by such firm or subdivision have increased; and (iii) the increase described in clause (ii) contributed importantly to such workers’ separation or threat of separation and to the decline in the sales or production of such firm or subdivision. (B) Shift in Production Path: (i) There has been a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and (ii)(I) the country to which the workers’ firm has shifted production of the articles is a party to a free trade agreement with the United States; (II) the country to which the workers’ firm has shifted production of the articles is a beneficiary country under the African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or E:\FR\FM\13JNN1.SGM 13JNN1

Agencies

[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Notices]
[Page 33955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13877]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-85,104]


Fisher and Ludlow A Nucor Company Saegertown, Pennsylvania; 
Notice of Affirmative Determination Regarding Application for 
Reconsideration

    By application dated May 2, 2014, a representative of United 
Steelworkers, District 10, requested administrative reconsideration of 
the negative determination regarding workers' eligibility to apply for 
Alternative Trade Adjustment Assistance (ATAA) applicable to workers 
and former workers of Fisher and Ludlow, a Nucor Company, Saegertown, 
Pennsylvania. The determination was issued on April 8, 2014 and the 
Department's Notice of determination was published in the Federal 
Register on April 29, 2014 (79 FR 24018).
    The group eligibility requirements for workers of a firm under 
Section 246(a)(3)(A)(ii) of the Trade Act are satisfied if the 
following criteria are met:

    (I) Whether a significant number of workers in the workers' firm 
are 50 years of age or older;
    (II) Whether the workers in the workers' firm possess skills 
that are not easily transferable; and
    (III) The competitive conditions within the workers' industry 
(i.e., conditions within the industry are adverse).

    The negative determination for ATAA was based on the Department's 
findings that Section 246(a)(3)(A)(ii)(II) was not been met because the 
workers in the workers' firm possess skills that are easily 
transferrable and Section 246(a)(3)(A)(ii)(III) was not been met 
because conditions within the workers' industry are not adverse.
    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 request for reconsideration asserts that the workers in the 
workers' firm possess skills that are not easily transferrable and that 
conditions within the workers' industry are adverse. The request 
provides facts not previously considered to support the assertions.
    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 28th day of May, 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-13877 Filed 6-12-14; 8:45 am]
BILLING CODE 4510-FN-P