[Federal Register: November 23, 2004 (Volume 69, Number 225)]
[Notices]
[Page 68176-68177]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23no04-84]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-53,679]
General Cable, Taunton, MA; Notice of Negative Determination on
Reconsideration on Remand
The United States Court of International Trade (USCIT) granted the
Department of Labor's request for voluntary remand of the negative
determination on reconsideration in United Electrical, Radio and
Machine Workers of America (General Cable) v. U.S. Secretary of Labor,
Court No. 04-00390.
The Department's denial of Trade Adjustment Assistance (TAA) for
the workers of General Cable, Taunton, Massachusetts was issued on
January 13, 2004 and was published in the Federal Register on February
6, 2004 (69 FR 5866). The workers produce copper wire and
polyvinylchloride (PVC) plastic compounds and are separately
identifiable by product line.
The subject company and the United Electrical, Radio and Machine
Workers of America, District Council 2 (``Union'') filed a joint
primary- and secondarily-affected petition, claiming that the subject
company lost sales to customers importing and that the subject company
lost business as a supplier, assembler or finisher of products or
components for a trade-affected primary company (General Cable,
Montoursville, Pennsylvania).
The initial investigation revealed that during the relevant time
period, the subject company did not supply a component to a primary
firm engaged in production whose workers were currently certified as
trade impacted. The primary firm ceased production in 2001 and the TAA
certification of workers at that facility expired November 9, 2003. The
investigation also revealed that sales and production at the subject
company increased in 2003 from 2002 levels.
By application dated February 4, 2004, the Union requested
administrative reconsideration of the negative determination, stating
that the relevant period investigated by the Department is not an
accurate measure in determining workers' eligibility for TAA and
suggests that the Department should extend the investigation back to
the beginning of 2000. The Notice of Negative Determination Regarding
Application for Reconsideration was issued on March 23, 2004 and was
published in the Federal Register on June 8, 2004 (69 FR 32046).
The request for reconsideration was denied because the closure of
the primary company occurred before the relevant time period (November
20, 2002 through November 20, 2003). The TAA statute established the
investigatory period as the twelve full months prior to the petition
date (November 20, 2003).
By application of July 31, 2004, the Union sought judicial review
from the USCIT. In response to the petitioner's appeal, the Department
requested, and was granted, a voluntary remand. The Order was issued on
September 16, 2004.
In its remand investigation, the Department determined that the
workers of the firm are separately identifiable as to whether they are
engaged in the production of copper wire or PVC compound.
The Department contacted the company for sales, production, and
import figures for copper wire and PVC compound produced at the subject
facility during 2002, 2003, January-November 2002 and January-November
2003 as well as information regarding the subject company's customers.
The investigation on remand determined that the subject firm did
not import copper wire or PVC compound during 2002, 2003, January-
November 2002 and January-November 2003.
The remand investigation determined that there was no loss of
business with customers purchasing copper wire during the relevant
period. Production of copper wire increased at the subject facility in
2003 from 2002 levels and increased during January-November 2003 from
January-December 2002 levels.
To support its findings on remand, the Department also conducted a
new customer survey of the subject company's major customers regarding
their purchases of copper wire during 2002, 2003, January-November 2002
and January-November 2003. The investigation revealed that the
customers did not increase import purchases (direct or indirect) of
copper wire during 2002, 2003, January-November 2002 and January-
November 2003.
The Department determined on its remand investigation that PVC
compound production at the subject firm decreased in 2003 from 2002
levels and decreased during January-November 2003 from January-December
2002 levels.
The Department conducted a new customer survey of the subject
company's major customers regarding their purchases of PVC compound
during 2002, 2003, January-November 2002 and January-November 2003. The
investigation revealed that the customers did not increase import
purchases (direct or indirect) of PVC compound during 2002, 2003,
January-November 2002 and January-November 2003. Therefore, the
Department determined that the workers of the firm producing PVC
compound are not impacted by imports of PVC compound.
The remand investigation also confirmed that workers of General
Cable, Taunton, Massachusetts, cannot be considered secondarily
affected because sales of copper wire and PVC compound to the primary
firm ceased in
[[Page 68177]]
2001 (copper wire in August 2001 and PVC compound in September 2001).
As previously determined, the primary firm ceased its production in
2001.
Conclusion
After reconsideration on remand, I affirm the original notice of
negative determination of eligibility to apply for adjustment
assistance for workers and former workers of General Cable, Taunton,
Massachusetts.
Signed at Washington, DC, this 16th day of November 2004.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E4-3291 Filed 11-22-04; 8:45 am]
BILLING CODE 4510-30-P