Invista S.A.R.L.; Apparel Division; A Wholly-Owned Subsidiary of Koch Industries, Inc.; Waynesboro, Virginia; Notice of Affirmative Determination Regarding Application for Reconsideration, 8691 [2015-03269]
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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices
DEPARTMENT OF LABOR
of Labor’s prior decision. The
application is, therefore, granted.
Employment and Training
Administration
Signed at Washington, DC, this 15th day of
January, 2015.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.
[TA–W–85,497]
emcdonald on DSK67QTVN1PROD with NOTICES
Invista S.A.R.L.; Apparel Division; A
Wholly-Owned Subsidiary of Koch
Industries, Inc.; Waynesboro, Virginia;
Notice of Affirmative Determination
Regarding Application for
Reconsideration
By application dated December 14,
2014, United Workers, Inc.,
International Brotherhood of Dupont
Workers, Local 381, requested
administrative reconsideration of the
negative determination regarding
workers’ eligibility to apply for worker
adjustment assistance applicable to
workers and former workers of INVISTA
S.a.r.l., a wholly-owned subsidiary of
Koch Industries, Inc., Waynesboro,
Virginia. The determination was issued
on November 14, 2014 and the Notice of
Determination was published in the
Federal Register on December 10, 2014
(79 FR 73339).
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 initial investigation resulted in a
negative determination based on the
findings that worker separations were
unrelated to a shift in production to a
foreign country or to imports by the
subject firm or its customers.
The request for reconsideration
asserts that the workers at the subject
firm have been impacted by a
continuous transfer of production to
foreign countries.
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.
Conclusion
After careful review of the
application, I conclude that the claim is
of sufficient weight to justify
reconsideration of the U.S. Department
VerDate Sep<11>2014
19:32 Feb 17, 2015
Jkt 235001
[FR Doc. 2015–03269 Filed 2–17–15; 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 and Alternative
Trade 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 (TA–W) number and alternative
trade adjustment assistance (ATAA) by
(TA–W) number issued during the
period of January 5, 2015 through
January 16, 2015.
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. Section (a)(2)(A) all of the following
must be satisfied:
A. 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;
B. the sales or production, or both, of
such firm or subdivision have decreased
absolutely; and
C. increased imports of articles like or
directly competitive with articles
produced by such firm or subdivision
have contributed importantly to such
workers’ separation or threat of
separation and to the decline in sales or
production of such firm or subdivision;
or
II. Section (a)(2)(B) both of the
following must be satisfied:
A. 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;
B. there has been a shift in production
by such workers’ firm or subdivision to
a foreign country of articles like or
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
8691
directly competitive with articles which
are produced by such firm or
subdivision; and
C. one of the following must be
satisfied:
1. 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;
2. the country to which the workers’
firm has shifted production of the
articles to a beneficiary country under
the Andean Trade Preference Act,
African Growth and Opportunity Act, or
the Caribbean Basin Economic Recovery
Act; or
3. there has been or is likely to be an
increase in imports of articles that are
like or directly competitive with articles
which are or were produced by such
firm or subdivision.
Also, in order for an affirmative
determination to be made for
secondarily affected workers of a firm
and a certification issued regarding
eligibility to apply for worker
adjustment assistance, each of the group
eligibility requirements of Section
222(b) of the Act must be met.
(1) Significant number or proportion
of the workers in the 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 workers’ firm (or subdivision)
is a supplier or downstream producer to
a firm (or subdivision) that employed a
group of workers who received a
certification of eligibility to apply for
trade adjustment assistance benefits and
such supply or production is related to
the article that was the basis for such
certification; and
(3) either—
(A) the workers’ firm is a supplier and
the component parts it supplied for the
firm (or subdivision) described in
paragraph (2) accounted for at least 20
percent of the production or sales of the
workers’ firm; or
(B) a loss or business by the workers’
firm with the firm (or subdivision)
described in paragraph (2) contributed
importantly to the workers’ separation
or threat of separation.
In order for the Division of Trade
Adjustment Assistance to issue a
certification of eligibility to apply for
Alternative Trade Adjustment
Assistance (ATAA) for older workers,
the group eligibility requirements of
Section 246(a)(3)(A)(ii) of the Trade Act
must be met.
1. Whether a significant number of
workers in the workers’ firm are 50
years of age or older.
E:\FR\FM\18FEN1.SGM
18FEN1
]]>Agencies
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Page 8691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03269]
[[Page 8691]]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-85,497]
Invista S.A.R.L.; Apparel Division; A Wholly-Owned Subsidiary of
Koch Industries, Inc.; Waynesboro, Virginia; Notice of Affirmative
Determination Regarding Application for Reconsideration
By application dated December 14, 2014, United Workers, Inc.,
International Brotherhood of Dupont Workers, Local 381, requested
administrative reconsideration of the negative determination regarding
workers' eligibility to apply for worker adjustment assistance
applicable to workers and former workers of INVISTA S.a.r.l., a wholly-
owned subsidiary of Koch Industries, Inc., Waynesboro, Virginia. The
determination was issued on November 14, 2014 and the Notice of
Determination was published in the Federal Register on December 10,
2014 (79 FR 73339).
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 initial investigation resulted in a negative determination
based on the findings that worker separations were unrelated to a shift
in production to a foreign country or to imports by the subject firm or
its customers.
The request for reconsideration asserts that the workers at the
subject firm have been impacted by a continuous transfer of production
to foreign countries.
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.
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 15th day of January, 2015.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2015-03269 Filed 2-17-15; 8:45 am]
BILLING CODE 4510-FN-P
