[Federal Register: August 27, 2007 (Volume 72, Number 165)]
[Notices]
[Page 49022-49023]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au07-77]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-60,843]
Clorox Services Company a Subsidiary of the Clorox Company,
Oakland, CA; Notice of Negative Determination on Reconsideration
On June 4, 2007, the Department issued an Affirmative Determination
Regarding Application for Reconsideration for the workers and former
workers of the subject firm. The notice was published in the Federal
Register on June 14, 2007 (72 FR 32915-32916).
The petition for the workers of Clorox Services Company, a
subsidiary of the Clorox Company, Oakland, California engaged in
information technology services, including application development and
maintenance, data center operations, and network and end-user support
was denied because the petitioning workers did not produce an article
within the meaning of section 222 of the Act.
The petitioners filed a request for reconsideration in which they
contend that the Department erred in its interpretation of work
performed at the subject facility and convey that workers of the
subject firm supported manufacturing of goods at affiliated
incorporated subsidiaries of the Clorox Company.
The workers of the subject firm and a company official were
contacted for clarification in regard to the nature of the work
performed at the subject facility. The investigation on reconsideration
revealed that workers of the subject firm supported production of
various household and specialty articles at various subsidiaries of the
Clorox Company on a company-wide scale.
The Department conducted an additional investigation to determine
whether workers can be considered eligible for TAA as directly-impacted
workers in support of production of household and specialty products,
such as home cleaning, auto care, professional products, cat litter,
dressings, sauces and seasonings.
The group eligibility requirements for directly-impacted (primary)
workers under section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
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 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 is 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.
The investigation revealed that workers of the subject firm
provided technical support to the entire Clorox Company and all its
domestic production facilities. The investigation of the U.S.
production and sales of the Clorox Company, USA, revealed that criteria
(I.B) and (II.B) were not met. According to the information provided by
the company official, company-wide sales and production of household
and specialty products, such as home cleaning, auto care, professional
products, cat litter, dressings, sauces and seasonings did not decline
from
[[Page 49023]]
2005 to 2006 and there was no shift in production of household and
specialty products to a foreign source during the relevant time period.
Conclusion
After reconsideration, I affirm the original notice of negative
determination of eligibility to apply for worker adjustment assistance
for workers and former workers of Clorox Service Company, a subsidiary
of the Clorox Company, Oakland, California.
Signed at Washington, DC, this 14th day of August, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-16888 Filed 8-24-07; 8:45 am]
BILLING CODE 4510-FN-P