Determinations of Eligibility for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance

Federal Register: March 26, 2008 (Volume 73, Number 59)

Notices

Page 16062-16064

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

DOCID:fr26mr08-117

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 March 10 through March 14, 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.

  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 country of articles like or directly competitive with articles which are produced by such firm or subdivision; and

      Page 16063

    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 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. 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-62,734; Imerys Kaolin, Inc., Dry Branch, GA: December 24, 2007.

      TA-W-62,789; Bollman Hat Company, Adamstown, Pa: January 31, 2007.

      TA-W-62,846; Baldwin Piano, Inc., A Subsidiary of Gibson Guitar Corp.,

      Trumann, AR: February 13, 2007.

      TA-W-62,913; Berry Plastics Corporation, Formerly Covalence Plastics,

      Flexible Films Division, Leased Workers Optimist, Santa Fe Springs, CA:

      February 15, 2007.

      TA-W-62,923; American Fiber and Finishing, Inc., Newberry, SC: March 29, 2008.

      TA-W-62,939; Johnson Rubber Company, Leased Workers From Ryan Temps and

      Champion Staffing, North Baltimore. OH: March 1, 2007.

      TA-W-62,939A; Johnson Rubber Company, Leased Workers From Ryan Temps and Champion Staffing, Middlefield, OH: March 1, 2007.

      TA-W-62,940; Two Star Dog, Inc., Berkeley, CA: February 5, 2007.

      TA-W-62,942; Hi Specialty America, A Subsidiary of Hitachi Metals

      America, LTD, Irwin, PA: February 19, 2007.

      TA-W-62,954; Fiesta Gas Grills, LLC, A Subsidiary of A.W. Minshall

      Holdings, Dickson, TN: February 22, 2007.

      TA-W-62,094; Banner Fibreboard Company, Wellsburg, WV: August 30, 2006.

      TA-W-62,057; Curt Bean Lumber Company, Amity, AR: August 27, 2006.

      TA-W-62,584; General Dynamics OTS, Scranton Operations, Scranton, PA:

      December 14, 2006.

      TA-W-62,634; Perras Lumber, Inc., Groveton, NH: January 3, 2007.

      TA-W-62,697; Galey and Lord Industries, LLC, Flint Plant, Gastonia, NC:

      January 7, 2007.

      TA-W-62,697A; Galey and Lord Industries, LLC, McDowell Plant, Marion,

      NC: January 7, 2007.

      TA-W-62,697B; Galey and Lord Industries, LLC, Society Hill Plant,

      Society Hill, SC: January 7, 2007.

      TA-W-62,743; Charleston Forge (Plant 1), A Subsidiary of Hearthstone

      Enterprises, Inc., Boone, NC: December 2, 2007.

      TA-W-62,743A; Charleston Forge (Plant 5), A Subsidiary of Hearthstone

      Enterprises, Inc., Boone, NC: December 2, 2007.

      TA-W-62,743B; Charleston Forge (Plant 7), A Subsidiary of Hearthstone

      Enterprises, Inc., Boone, NC: January 24, 2007.

      TA-W-62,751; Saco Lowell Parts, LLC, A Subsidiary of Hercules Engine

      Components, LLC, Easley, SC: January 11, 2007.

      TA-W-62,796; Manosh-Hardwoods LLC, Sawmill, Morrisville, VT: January 23, 2007.

      TA-W-62,859; Fraser Papers LTD., Gorham, NH: March 30, 2008.

      TA-W-62,793; J.H.L. Fashion, Inc., New York, NY: January 31, 2007.

      TA-W-62,928; SAS Pittsfield, Inc., Pittsfield, ME: February 15, 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.

      Page 16064

      TA-W-62,775; AS America, Inc. (American Standard America), Tiffin, OH:

      January 30, 2007.

      TA-W-62,784; Kemet Electronics Corp., A Subsidiary of Kement Corp.,

      Simpsonville Facility, Simpsonville, SC: January 25, 2007.

      TA-W-62,822; Rock-Tenn Converting Company, Chicopee, MA: February 11, 2007.

      TA-W-62,829; Minco Manufacturing, LLC, Colorado Springs, CO: February 7, 2007.

      TA-W-62,879; ZF Sachs, Florence, KY: February 20, 2007.

      TA-W-62,907; KX Technology LLC, A Subsidiary of Marmon Water LLC,

      Orange, CT: January 26, 2007.

      TA-W-62,937; Fulflex Elastometrics Worldwide, A Subsidiary of The Moore

      Company, Fulflex of Tennessee, Greeneville, TN: February 28, 2007.

      TA-W-62,738; Siemens Medical Solutions USA, Inc., Ultrasound Division,

      Division of Siemens Corp., Mountain View, CA: March 17, 2008..

      TA-W-62,854; U.S. Security Associates, Inc., Working On-Site at Briggs and Stratton Corp., Rolla, MO: January 25, 2007.

      TA-W-62,865; Isola USA Corporation--Fremont, Fremont, CA: February 19, 2007.

      TA-W-62,932; Keeper Corporation, Leased Workers of AAA Staffing, North

      Windham, CT: February 28, 2007.

      TA-W-62,932A; Keeper Corporation, Manchester, CT: February 28, 2007.

      TA-W-62,944; Trius Products, LLC, Cleves, OH: March 3, 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-62,057A; Curt Bean Lumber Company, Glenwood, AR: August 27, 2006.

      TA-W-62,648; Trio Manufacturing Company, Forsyth, GA: January 8, 2007.

      TA-W-62,733; Ravenna Aluminum, Inc., Ravenna, OH: January 23, 2007.

      TA-W-62,957; Lear Operations Corp., Global Seating Systems Division,

      Louisville, KY: February 28, 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.

      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-62,727; KAM Plastics, Inc., Holland, MI.

      TA-W-62,779; Visteon Corporation, Fuel Operations and Vidso Division,

      Concordia, MO.

      TA-W-62,904; Prime Tanning Corporation, St. Joseph, MO.

      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-62,821; Ameridrives International, LLC, Erie, PA.

      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-62,718; Fraser Timber Limited, Ashland, ME.

      TA-W-62,731; Lufkin Industries, Inc., Lufkin, TX.

      TA-W-62,805; American Standard Building Systems, Martinsville, VA.

      TA-W-62,872; Littelfuse, LP, Irving, TX.

      TA-W-62,661; Agilent Technologies, Measurement Systems Division,

      Loveland, CO.

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

      TA-W-62,631; Pfizer Global Manufacturing, Unit 4K643, Portage, MI.

      TA-W-62,827; Peak Medical, Inc., Hillsborough, NC.

      TA-W-62,847; Columbia University, Faculty Practice Department,

      Administration and Operations Group, New York, NY.

      TA-W-62,885; Wingfoot Commercial Tire Systems, LLC, Corporate Office,

      Fort Smith, AR.

      TA-W-62,887; TST Overland Express, A Division of Overland Western

      International, Flint, MI.

      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 March 10 through March 14, 2008. 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 20, 2008.

      Linda G. Poole,

      Certifying Officer, Division Of Trade Adjustment Assistance .

      FR Doc. E8-6112 Filed 3-25-08; 8:45 am

      BILLING CODE 4510-FN-P

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