[Federal Register: January 14, 2009 (Volume 74, Number 9)]
[Notices]
[Page 2137-2139]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja09-101]
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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 December
22 through December 26, 2008.
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
[[Page 2138]]
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 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 of 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.
2. Whether the workers in the workers' firm possess skills that are
not easily transferable.
3. The competitive conditions within the workers' industry (i.e.,
conditions within the industry are adverse).
Affirmative Determinations for Worker Adjustment Assistance
The following certifications have been issued. The date following
the company name and location of each determination references the
impact date for all workers of such determination.
The following certifications have been issued. The requirements of
section 222(a)(2)(A) (increased imports) of the Trade Act have been
met.
None.
The following certifications have been issued. The requirements of
section 222(a)(2)(B) (shift in production) of the Trade Act have been
met.
None.
The following certifications have been issued. The requirements of
section 222(b) (supplier to a firm whose workers are certified eligible
to apply for TAA) of the Trade Act have been met.
None.
The following certifications have been issued. The requirements of
section 222(b) (downstream producer for a firm whose workers are
certified eligible to apply for TAA based on increased imports from or
a shift in production to Mexico or Canada) of the Trade Act have been
met.
None.
Affirmative Determinations for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
The following certifications have been issued. The date following
the company name and location of each determination references the
impact date for all workers of such determination.
The following certifications have been issued. The requirements of
section 222(a)(2)(A) (increased imports) and section 246(a)(3)(A)(ii)
of the Trade Act have been met.
TA-W-64,422; Mars Petcare US, Inc., A Subsidiary of Mars, Inc.,
Everson, PA: November 12, 2007.
TA-W-64,425; Tenere, Inc., Oakdale Division, Oakdale, MN: November 12,
2007.
TA-W-64,446; Doutt Tool, Inc., Venango, PA: November 14, 2007.
TA-W-64,515; Perry Manufacturing, El Dorado Springs, MO: November 20,
2007.
The following certifications have been issued. The requirements of
Section 222(a)(2)(B) (shift in production) and section 246(a)(3)(A)(ii)
of the Trade Act have been met.
TA-W-64,235; DynAmerica Manufacturing, LLC, Muncie, IN: October 10,
2007.
TA-W-64,250; Findlay Industries, Inc., Chesterfield, MO: October 17,
2007.
TA-W-64,405; ITW Tomco, A Wholly Owned Subsidiary of Illinois Tool
Works, Bryan, OH: November 25, 2008.
TA-W-64,594; Bio-Rad Laboratories, Waltham, MA: December 3, 2007.
TA-W-64,601; Bosch Communications Systems, Div. Telex Communications, A
Subsidiary of Robert Bosch North America, Glencoe, MN: December 4,
2007.
TA-W-64,611; Optima Batteries, Inc., A Subsidiary of Johnson Controls
Battery Group, Aurora, CO: December 3, 2007.
TA-W-64,639; Acument Global Technologies, A Subsidiary of Platinum
Equity, Camcar, LLC Division, Wytheville, VA: December 9, 2007.
TA-W-64,648; Cuno, Inc., A Subsidiary of 3M Company, Meriden, CT:
December 10, 2007.
TA-W-64,690; Elixir Industries, Division 55, Vancouver, WA: December
15, 2007.
TA-W-64,174; Loewenstein, Inc., A Division of Brown Jordan
International, Greensboro, NC: October 6, 2007.
The following certifications have been issued. The requirements of
section 222(b) (supplier to a firm whose workers are certified eligible
to apply for TAA) and section 246(a)(3)(A)(ii) of the Trade Act have
been met.
TA-W-64,166; Best Foam, Inc., Sherman, MS: October 2, 2007.
The following certifications have been issued. The requirements of
section 222(b) (downstream producer for a firm whose workers are
certified eligible to apply for TAA based on increased imports from or
a shift in production to Mexico or Canada) and section 246(a)(3)(A)(ii)
of the Trade Act have been met.
None.
Negative Determinations for Alternative Trade Adjustment Assistance
In the following cases, it has been determined that the
requirements of 246(a)(3)(A)(ii) have not been met for the reasons
specified.
[[Page 2139]]
The Department has determined that criterion (1) of section 246 has
not been met. The firm does not have a significant number of workers 50
years of age or older.
None.
The Department has determined that criterion (2) of section 246 has
not been met. Workers at the firm possess skills that are easily
transferable.
None.
The Department has determined that criterion (3) of section 246 has
not been met. Competition conditions within the workers' industry are
not adverse.
None.
Negative Determinations for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In the following cases, the investigation revealed that the
eligibility criteria for worker adjustment assistance have not been met
for the reasons specified.
Because the workers of the firm are not eligible to apply for TAA,
the workers cannot be certified eligible for ATAA.
The investigation revealed that criteria (a)(2)(A)(I.A.) and
(a)(2)(B)(II.A.) (employment decline) have not been met.
TA-W-64,667; Wichorus, Inc., San Jose, CA.
The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or
production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in
production to a foreign country) have not been met.
TA-W-64,257; Vanguard Furniture, Conover, NC.
The investigation revealed that criteria (a)(2)(A)(I.C.) (increased
imports) and (a)(2)(B)(II.B.) (shift in production to a foreign
country) have not been met.
TA-W-64,171; Glen X Machine, Wheeling Brake Band and Friction Mfg.,
Glen Dale, WV.
TA-W-64,389; A. Schulman, Inc., Polybatch Color Center, Sharon Center,
OH.
TA-W-64,504; Canac Kitchens U.S. Limited, Statesville, NC.
TA-W-64,681; United State Steel--Granite City Works, Granite City, IL.
TA-W-64,574; Alcoa Tennessee Operations, Alcoa, TN.
The workers' firm does not produce an article as required for
certification under Section 222 of the Trade Act of 1974.
TA-W-64,358; First American Title Insurance Company, Roseville, CA.
TA-W-64,442; Technology Associates, Inc., dba Ranal, Inc., Measurement
Point Division, Auburn Hills, MI.
TA-W-64,451; Open Solutions, Inc., San Leandro Facility Item Processing
Center, San Leandro, CA.
The investigation revealed that criteria of Section 222(b)(2) has
not been met. The workers' firm (or subdivision) is not a supplier to
or a downstream producer for a firm whose workers were certified
eligible to apply for TAA.
None.
I hereby certify that the aforementioned determinations were issued
during the period of December 22 through December 26, 2008. Copies of
these determinations are available for inspection in Room N-5428, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210
during normal business hours or will be mailed to persons who write to
the above address.
Dated: January 7, 2009.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-641 Filed 1-13-09; 8:45 am]
BILLING CODE 4510-FN-P