Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance

Federal Register: May 13, 2008 (Volume 73, Number 93)

Notices

Page 27559-27561

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

DOCID:fr13my08-79

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 April 21 through April 25, 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

    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.

    Page 27560

    (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.

    TA-W-63,071; Rohm and Haas Company, Electronic Materials Division,

    Marlborough, MA: March 26, 2007

    TA-W-63,071A; Rohm and Haas Company, Electronic Materials Division,

    Dallas, OR: March 26, 2007

    TA-W-63,071B; Rohm and Haas Company, Electronic Materials Division,

    Portland, OR: March 26, 2007

    TA-W-63,071C; Rohm and Haas Company, Electronic Materials Division,

    Sebastopol, CA: March 26, 2007

    TA-W-63,071D; Rohm and Haas Company, Electronic Materials Division,

    Corona, CA: March 26, 2007

    TA-W-63,071E; Rohm and Haas Company, Electronic Materials Division,

    Saratoga, CA: March 26, 2007

    TA-W-63,071F; Rohm and Haas Company, Electronic Materials Division,

    Canton, TX: March 26, 2007

    TA-W-63,071G; Rohm and Haas Company, Electronic Materials Division,

    Gardner, MA: March 26, 2007

    TA-W-63,071H; Rohm and Haas Company, Electronic Materials Division,

    Lock Haven, PA: March 26, 2007

    TA-W-63,039; Yanni's Design, Development and Supplies, Inc., Appleton,

    WI: March 19, 2007

    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-62,965; K-Ply, Inc., A Subsidiary of Klukwan, Inc., Port Angeles,

    WA: March 3, 2007

    TA-W-63,001; Arrmaz Product, L.P., Lobeco Division, Seabrook, SC: March 6, 2007

    TA-W-63,093; Saint-Gobain Vetrotex America, Wichita Falls, TX: March 19, 2007

    TA-W-63,147; The Cutting Company, Inc., Bath, PA: April 4, 2007

    TA-W-63,161; Elrae Industries, Inc., On-Site Leased Wkrs From WGW,

    Alden, NY: March 17, 2007

    TA-W-63,188; Emerson Motor Company, Industrial Motor Division,

    Princeton, IN: April 14, 2007

    TA-W-63,148; Rosy Production, Inc., Brooklyn, NY: March 3, 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-62,896; Ingersoll-Rand Company, Security Technologies Division,

    On-Site Workers of Adecco, Colorado Springs, CO: February 21, 2007

    TA-W-63,015; CNI-Owosso, LLC, A Subsidiary of NICA, Inc., Owosso, MI:

    March 14, 2007

    TA-W-63,018; Unique Balance, Inc., Alderson, WV: March 17, 2007

    TA-W-63,025; Sanmina-SCI Corporation, Regional Finance Center,

    Guntersville, AL: March 12, 2007

    TA-W-63,085; Trimtex Company, Inc., Williamsport, PA: March 24, 2007

    TA-W-63,110; Hanesbrands, Inc., Advance, NC: February 18, 2007

    TA-W-63,110A; Hanesbrands, Inc., Asheboro, NC: February 18, 2007

    TA-W-63,160; Vesuvius USA, Foundry Division, Buffalo, NY: April 3, 2007

    TA-W-63,163; Saint-Gobain Performance Plastics, Polymer

    Products Division, Bristol, RI: April 8, 2007

    TA-W-63,167; Russell Corporation, Russell Athletic Focused Factory,

    Alexander City, AL: April 2, 2007

    TA-W-63,189; Imation Corporation, Wahpeton, ND: June 14, 2008

    TA-W-63,057; Cytec Industries, Willow Island, WV: March 20, 2007

    TA-W-63,124; Berkline/Benchcraft LLC, Plant 8, Lenoir City, TN: April 1, 2007

    TA-W-63,145; Alltrista Plastics, LLC, dba Jarden Plastic Solutions,

    Tupper Lake Division, Tupper Lake, NY: April 4, 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-62,273B; Delphi Corporation, Brake Hose Division, On-Site Leased

    Wkrs From Bartech, Dayton, OH: October 8, 2006

    Page 27561

    TA-W-62,990; Airline Manufacturing Co., Inc., Columbus, MS: March 4, 2001

    TA-W-63,026; Pioneer Manufacturing Company, Inc., Colorado Springs, CO:

    March 18, 2007

    TA-W-63,037; Webb Furniture Enterprises, Inc., American Mirror

    Division, Leased Wkrs from Manpower, Galax, VA: March 14, 2007

    TA-W-63,090; Bright Wood Corporation, Bend, OR: March 27, 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.

    TA-W-63,071; Rohm and Haas Company, Electronic Materials Division,

    Marlborough, MA.

    TA-W-63,071A; Rohm and Haas Company, Electronic Materials Division,

    Dallas, OR.

    TA-W-63,071B; Rohm and Haas Company, Electronic Materials Division,

    Portland, OR.

    TA-W-63,071C; Rohm and Haas Company, Electronic Materials Division,

    Sebastopol, CA.

    TA-W-63,071D; Rohm and Haas Company, Electronic Materials Division,

    Corona, CA.

    TA-W-63,071E; Rohm and Haas Company, Electronic Materials Division,

    Saratoga, CA.

    TA-W-63,071F; Rohm and Haas Company, Electronic Materials Division,

    Canton, TX.

    TA-W-63,071G; Rohm and Haas Company, Electronic Materials Division,

    Gardner, MA.

    TA-W-63,071H; Rohm and Haas Company, Electronic Materials Division,

    Lock Haven, PA.

    TA-W-63,039; Yanni's Design, Development and Supplies, Inc., Appleton,

    WI.

    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-63,017; Quantum Corporation, Irvine, CA.

    TA-W-63,159; Ametek, Inc., Floorcare and Specialty Motors Division,

    Kent, OH.

    TA-W-63,170; General Electric Company, Consumer and Electrical

    Division, Plainville, CT.

    TA-W-63,234; Consoltex International, Inc., New York Sales Office, New

    York, NY.

    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.

    None.

    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-62,862; Liz Claiborne, Inc., Dana Buchman Division, Sample Room,

    New York, NY.

    TA-W-62,899; Profilia Corporation, City of Commerce, CA.

    TA-W-63,109; Evergy, Inc., A Subsidiary of Tecumseh Products Co.,

    Paris, TN.

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

    TA-W-62,646; Pfizer Global Manufacturing--Unit 40749, Pfizer Global

    Manufacturing Division, Portage, MI.

    TA-W-63,060; KB Pacific LLC, dba Keith Brown Building Materials,

    Madras, OR.

    TA-W-63,082; Nortel, Software Data and Configuration Services, Research

    Triangle Park, NC.

    TA-W-63,195; Roadway Express, A Subsidiary of YRC Worldwire,

    Rockingham, NC.

    TA-W-63,198; Dakota Imaging, LLC, A Division of Emdeon Business

    Services, LLC, El Paso, TX.

    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 April 21 through April 25, 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: May 5, 2008.

    Erin Fitzgerald,

    Director, Division of Trade Adjustment Assistance.

    FR Doc. E8-10584 Filed 5-12-08; 8:45 am

    BILLING CODE 4510-FN-P

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