Adjustment assistance; applications, determinations, etc.: Woodard Furniture, LLC, et al.,

[Federal Register: March 22, 2006 (Volume 71, Number 55)]

[Notices]

[Page 14548-14551]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr22mr06-103]

DEPARTMENT OF LABOR

Employment and Training Administration

Notice of Determinations Regarding Eligibility To Apply for Worker 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 periods of February 2006.

In order for an affirmative determination to be made and a certification of eligibility to apply for directly-impacted (primary) worker adjustment assistance to be issued, each of the group eligibility requirements of section 222(a) of the Act must be met.

1. Section (a)(2)(A) all of the following must be satisfied:

   1. 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 sales or production, or both, of such firm or subdivision have decreased absolutely; and

   3. 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

2. Section (a)(2)(B) both of the following must be satisfied:

   1. 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. There has been a shift in production by such workers' firm or subdivision to a foreign county of articles like or directly competitive with articles which are produced by such firm or subdivision; and

   3. 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 and a certification of eligibility to apply for worker adjustment assistance as an adversely affected secondary group to be issued, 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)

   [[Page 14549]]

   described in paragraph (2) contributed importantly to the workers' separation or threat of separation.

   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 (a)(2)(A) (increased imports) of section 222 have been met.

   TA-W-58,619; Woodard Furniture, LLC, Owosso, MI: January 12, 2005. TA-W-58,623; WestPoint Homes, Inc., Formerly Westpoint Stevens, Inc., Corporate Office, West Point, GA: January 12, 2005. TA-W-58,623A; WestPoint Homes, Inc., Management Information Center, West Point, GA: January 12, 2005. TA-W-58,623B; WestPoint Homes, Inc., Management Information Center, Abbeville, AL: January 12, 2005. TA-W-58,623D; WestPoint Homes, Inc., Alamance Division Office, Burlington, NC: January 12, 2005. TA-W-58,623E; WestPoint Homes, Inc., Clemson Centre, Clemson, SC: January 12, 2005. TA-W-58,623H; WestPoint Homes, Inc., Opelika Division Office, Opelika, AL: January 12, 2005. TA-W-58,623I; WestPoint Homes, Inc., Engineering Office, Valley, AL: January 12, 2005. TA-W-58,623J; WestPoint Homes, Inc., Towel Operations Building, Valley, AL: January 12, 2005. TA-W-58,623K; WestPoint Homes, Inc., Wagram Division Office, Wagram, NC: January 12, 2005. TA-W-58,623L; WestPoint Homes, Inc., Sales and Marketing Office, New York, NY: January 12, 2005. TA-W-58,623M; WestPoint Homes, Inc., Sales and Marketing Office, Atlanta, GA: January 12, 2005. TA-W-58,623N; WestPoint Homes, Inc., Sales and Marketing Office, Chicago, IL: January 12, 2005. TA-W-58,623P; WestPoint Homes, Inc., Sales and Marketing Office, Elkin, NC: January 12, 2005. TA-W-58,623Q; WestPoint Homes, Inc., Sales and Marketing Office, Harrisburg, NC: January 12, 2005. TA-W-58,623S; WestPoint Homes, Inc., Sales and Marketing Office, Minneapolis, MN: January 12, 2005. TA-W-58,623T; WestPoint Homes, Inc., Sales and Marketing Office, Narragansett, RI: January 12, 2005. TA-W-58,623U; WestPoint Homes, Inc., Sales and Marketing Office, Noblesville, IN: January 12, 2005. TA-W-58,623V; WestPoint Homes, Inc., Sales and Marketing Office, Plano, TX: January 12, 2005. TA-W-58,623W; WestPoint Homes, Inc., Sales and Marketing Office, Rogers, AR: January 12, 2005. TA-W-58,623X; WestPoint Homes, Inc., Sales and Marketing Office, Roswell, GA: January 12, 2005. TA-W-58,623Y; WestPoint Homes, Inc., Clemson Centre, Clemson, SC: January 12, 2005. TA-W-58,623Z; WestPoint Homes, Inc., Clemson Centre, Abbeville, AL: January 12, 2005. TA-W-58,640; Gamco Products, Henderson, KY: January 14, 2005. TA-W-58,697; Maxine Swim Group, Commerce, CA: January 4, 2005. TA-W-58,737; Plymouth Rubber Co., Canton, MA: January 27, 2005. TA-W-58,782; Ametek, Inc., Commercial Motors Division, Kent, OH: January 31, 2005. TA-W-58,787; CommScope, Inc. of North Carolina, Including On Site Leased Workers of Job Seekers, Scottsboro, AL: January 27, 2005. TA-W-58,801; Sony Electronics, Inc., Projection CRT Division, Leased Workers of Aerotek & Staffmark, Mt. Pleasant, PA: February 7, 2005. TA-W-58,395; Boeing Company (The), Long Beach Division, Long Beach, CA: November 18, 2004. TA-W-58,625; Cadence Innovation, Formerly Known as New Venture Industries, Grand Blanc, MI: January 11, 2005. TA-W-58,522; DMB Hosiery, Inc., Fort Payne, AL: December 13, 2004. TA-W-58,702; Kim Fai, Inc., San Francisco, CA: January 19, 2005.

   The following certifications have been issued. The requirements of (a)(2)(B) (shift in production) of section 222 have been met.

   TA-W-58,573; Cardell Corporation, dba Molex Automotive, Auburn Hills, MI: December 21, 2004. TA-W-58,626; Nutone, Inc., Cincinnati, OH: January 11, 2005. TA-W-58,758; Sony Electronics, Inc., Sony Direct View Set Assembly Division, On-Site Leased Workers Aerotek & Staffmark, Mt. Pleasant, PA: January 31, 2005. TA-W-58,806; Intier Automotive Seating of America, Inc., Romech Division, Red Oak, IA: February 7, 2005. TA-W-58,834; Morgan Advanced Technologies, USA, Exeter, RI: January 30, 2005. TA-W-58,657; Young Stuff Apparel Group, New York, NY: January 13, 2005. TA-W-58,666; TYK America, Inc., Irvona, PA: January 18, 2005. TA-W-58,720; Kentucky Derby Hosiery Co., Inc., Plant 2, Including Leased Workers of Ablest Staffing, Mount Airy, NC: January 23, 2005.

   The following certification has been issued. The requirement of supplier to a trade certified firm has been met.

   TA-W-58,601; Gould Electronics, Inc., Div. of Nikko Materials Ltd, Chandler, AZ: January 9, 2005. TA-W-58,708; Cortina Fabrics, Inc., Swepsonville, NC: November 4, 2005.

   The following certification has been issued. The requirement of downstream producer to a trade certified firm has been met.

   None.

   Negative Determinations for Worker Adjustment Assistance

   In the following cases, the investigation revealed that the criteria for eligibility have not been met for the reasons specified.

   The investigation revealed that criterion (a)(2)(A)(I.A) and (a)(2)(B)(II.A) (no employment decline) has not been met.

   TA-W-58,549; Vision Knit Technology, Inc., Gastonia, NC. TA-W-58,623AA; WestPoint Homes, Inc., Clemson Centre, Calhoun Falls, SC. TA-W-58,623C; WestPoint Homes, Inc., Biddeford Plant, Biddeford, ME. TA-W-58,623F; WestPoint Homes, Inc., Daleville, IN. TA-W-58,623G; WestPoint Homes, Inc., Longview Plant, Hickory, NC. TA-W-58,623O; WestPoint Homes, Inc., Sales and Marketing Office, Daleville, IN. TA-W-58,623R; WestPoint Homes, Inc., Sales and Marketing Office, Middletown, IN.

   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-58,777; JDS Uniphase, Inc., Agility Communications, Leased Workers From Spherion, Allentown, PA. TA-W-58,793; Sirenza Microdevices, Inc., Broomfield, CO.

   The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B) (II.B) (No shift in production to a foreign country) have not been met.

   TA-W-58,559; T and H Sewing Co., San Francisco, CA. TA-W-58,600; Tex-Tenn Corporation, Gray, TN. TA-W-58,604; Cohn Athletic Mfg. and Service Company, St. James, MO.

   [[Page 14550]]

   TA-W-58,637; Carolina Mills, Inc., Dye and Finishing Group, Plant No. 9, Valdese, NC.

   The investigation revealed that criteria (a)(2)(A)(I.C.) (Increased imports and (a) (2) (B) (II.C) (has shifted production to a foreign country) have not been met.

   None.

   The workers firm does not produce an article as required for certification under section 222 of the Trade Act of 1974.

   TA-W-58,808; Lexmark International, Inc., Supply Chain Workforce, Printing Solutions $ Services Div., Lexington, KY.

   The investigation revealed that criteria (2) has not been met. The workers firm (or subdivision) is not a supplier or downstream producer to trade-affected companies.

   None.

   Affirmative Determinations for Alternative Trade Adjustment Assistance

   In order for the Division of Trade Adjustment Assistance to issued 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.

   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 determinations.

   In the following cases, it has been determined that the requirements of section 246(a)(3)(ii) have been 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).

   TA-W-58,619; Woodard Furniture, LLC, Owosso, MI: January 12, 2005. TA-W-58,623; WestPoint Homes, Inc., Formerly WestPoint Stevens, Inc., Corporate Office, WestPoint, GA: January 12, 2005. TA-W-58,623A; WestPoint Homes, Inc., Management Information Center, West Point, GA: January 12, 2005. TA-W-58,623B; WestPoint Homes, Inc., Management Information Center, Abbeville, AL: January 12, 2005. TA-W-58,623D; WestPoint Homes, Inc., Alamance Division Office, Burlington, NC: January 12, 2005. TA-W-58,623E; WestPoint Homes, Inc., Clemson Centre, Clemson, SC: January 12, 2005. TA-W-58,623H; WestPoint Homes, Inc., Opelika Division Office, Opelika, AL: January 12, 2005. TA-W-58,623I; WestPoint Homes, Inc., Engineering Office, Valley, AL: January 12, 2005. TA-W-58,623J; WestPoint Homes, Inc., Towel Operations Building, Valley, AL: January 12, 2005. TA-W-58,623K; WestPoint Homes, Inc., Wagram Division Office, Wagram, NC: January 12, 2005. TA-W-58,623L; WestPoint Homes, Inc., Sales and Marketing Office, New York, NY: January 12, 2005. TA-W-58,623M; WestPoint Homes, Inc., Sales and Marketing Office, Atlanta, GA: January 12, 2005. TA-W-58,623N; WestPoint Homes, Inc., Sales and Marketing Office, Chicago, IL: January 12, 2005. TA-W-58,623P; WestPoint Homes, Inc., Sales and Marketing Office, Elkin, NC: January 12, 2005. TA-W-58,623Q; WestPoint Homes, Inc., Sales and Marketing Office, Harrisburg, NC: January 12, 2005. TA-W-58,623S; WestPoint Homes, Inc., Sales and Marketing Office, Minneapolis, MN: January 12, 2005. TA-W-58,623T; WestPoint Homes, Inc., Sales and Marketing Office, Narragansett, RI: January 12, 2005. TA-W-58,623U; WestPoint Homes, Inc., Sales and Marketing Office, Noblesville, IN: January 12, 2005. TA-W-58,623V; WestPoint Homes, Inc., Sales and Marketing Office, Plano, TX: January 12, 2005. TA-W-58,623W; WestPoint Homes, Inc., Sales and Marketing Office, Rogers, AR: January 12, 2005. TA-W-58,623X; WestPoint Homes, Inc., Sales and Marketing Office, Roswell, GA: January 12, 2005. TA-W-58,623Y; WestPoint Homes, Inc., Clemson Centre, Clemson, SC: January 12, 2005. TA-W-58,623Z; WestPoint Homes, Inc., Clemson Centre, Abbeville, AL: January 12, 2005. TA-W-58,640; Gamco Products, Henderson, KY: January 14, 2005. TA-W-58,737; Plymouth Rubber Co., Canton, MA: January 27, 2005. TA-W-58,782; Ametek, Inc., Commercial Motors Division, Kent, OH: January 31, 2005. TA-W-58,787; CommScope, Inc. of North Carolina, Including On Site Leased Workers of Job Seekers, Scottsboro, AL: January 27, 2005. TA-W-58,801; Sony Electronics, Inc., Projection CRT Division, Leased Workers of Aerotek & Staffmark, Mt. Pleasant, PA: February 7, 2005. TA-W-58,395; Boeing Company (The), Long Beach Division, Long Beach, CA: November 18, 2004. TA-W-58,625; Cadence Innovation, Formerly Known as New Venture Industries, Grand Blanc, MI: January 11, 2005. TA-W-58,522; DMB Hosiery, Inc., Fort Payne, AL: December 13, 2004. TA-W-58,702; Kim Fai, Inc., San Francisco, CA: January 19, 2005. TA-W-58,573; Cardell Corporation, dba Molex Automotive, Auburn Hills, MI: December 21, 2004. TA-W-58,626; Nutone, Inc., Cincinnati, OH: January 11, 2005. TA-W-58,758,; Sony Electronics, Inc., Sony Direct View Set Assembly Division, On-Site Leased Workers Aerotek & Staffmark, Mt. Pleasant, PA: January 31, 2005. TA-W-58,806; Intier Automotive Seating of America, Inc., Romech Division, Red Oak, IA: February 7, 2005. TA-W-58,657; Young Stuff Apparel Group, New York, NY: January 13, 2005. TA-W-58,666; TYK America, Inc., Irvona, PA: January 18, 2005. TA-W-58,720; Kentucky Derby Hosiery Co., Inc., Plant 2, Including Leased Workers of Ablest Staffing, Mount Airy, NC: January 23, 2005. TA-W-58,601; Gould Electronics, Inc., Div. of Nikko Materials Ltd., Chandler, AZ: January 9, 2005. TA-W-58,708; Cortina Fabrics, Inc., Swepsonville, NC: November 4, 2005.

   Negative Determinations for Alternative Trade Adjustment Assistance

   In order for the Division of Trade Adjustment Assistance to issued 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.

   In the following cases, it has been determined that the requirements of section 246(a)(3)(ii) have not been met for the reasons specified.

   Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA.

   .TA-W-58,549; Vision Knit Technology, Inc., Gastonia, NC. TA-W-58,623AA; WestPoint Homes, Inc., Clemson Centre, Calhoun Falls, SC. TA-W-58,623C; WestPoint Homes, Inc., Biddeford Plant, Biddeford, ME. TA-W-58,623F; WestPoint Homes, Inc., Daleville, IN. TA-W-58,623G; WestPoint Homes, Inc., Longview Plant, Hickory, NC.

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   TA-W-58,623O; WestPoint Homes, Inc., Sales and Marketing Office, Daleville, IN. TA-W-58,623R; WestPoint Homes, Inc., Sales and Marketing Office, Middletown, IN. TA-W-58,777; JDS Uniphase, Inc., Agility Communications, Leased Workers From Spherion, Allentown, PA. TA-W-58,559; T and H Sewing Co., San Francisco, CA. TA-W-58,600; Tex-Tenn Corporation, Gray, TN. TA-W-58,604; Cohn Athletic Mfg. and Service Company, St. James, MO. TA-W-58,793; Sirenza Microdevices, Inc., Broomfield, CO. TA-W-58,808; Lexmark International, Inc., Supply Chain Workforce, Printing Solutions $ Services Div., Lexington, KY.

   The Department as determined that criterion (1) of section 246 has not been met. Workers at the firm are 50 years of age or older.

   None.

   The Department as determined that criterion (2) of Section 246 has not been met. Workers at the firm possess skills that are easily transferable.

   TA-W-58,834; Morgan Advanced Technologies, USA, Exeter, RI. TA-W-58,697; Maxine Swim Group, Commerce, CA.

   The Department has determined that criterion (3) of section 246 has not been met. Competition conditions within the workers' industry are not adverse.

   None.

   I hereby certify that the aforementioned determinations were issued during the month of February 2006. Copies of these determinations are available for inspection in Room C-5311, 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: March 6, 2006. Erica R. Cantor, Director, Division of Trade Adjustment Assistance. [FR Doc. E6-4141 Filed 3-21-06; 8:45 am]

   BILLING CODE 4510-30-P