Determinations Regarding Eligibility: Worker Adjustment Assistance and Alternative Trade Adjustment Assistance

Federal Register: February 29, 2008 (Volume 73, Number 41)

Notices

Page 11151-11153

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

DOCID:fr29fe08-113

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 February 11 through February 15, 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.

    (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

    Page 11152

    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-62,309; Kohler Company, Kohler, WI: October 12, 2006.TA-W-62,638;

    Thomasville Furniture Industries, Corporate Office, Thomasville, NC:

    December 30, 2007.

    TA-W-62,722; Benson Manufacturing, Inc., Benson International, Mineral

    Wells, WV: January 3, 2007.

    TA-W-62,744; The Epitech Group, Inc., Working of Site at Ford Motor

    Co., Product Development and Engineering, Dearborn, MI: January 15, 2007.

    TA-W-62,745; Fourth Generation Services, Inc., Working On-Site at Ford

    Motor Company, Dearborn, MI: January 15, 2007.

    TA-W-62,767; Masterbrand Cabinets, Crossville, TN: January 29, 2007.

    TA-W-62,785; Sappi Fine Paper, North America--Allentown Division,

    Allentown, PA: February 1, 2007.

    TA-W-62,522; Tifton Aluminum, A Subsidiary of Alcoa, Inc., Tifton, GA:

    November 29, 2006.

    TA-W-62,671; Melvin Quilting Company, Rocky Mount, NC: January 11, 2007.

    TA-W-62,708; USR Optonix, Inc., A Subsidiary of Kasel Optonix Ltd.

    Japan, Washington, NJ: January 16, 2007.

    TA-W-62,710; Mahle Engine Components USA, Formerly Dana Glacier

    Vandervell, Caldwell, OH: July 9, 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-62,617; Advanced Fiber Technologies Finebar, Formerly Known as

    Norwalk Industrial, Advanced Fiber Tech, Manchester, CT: December 28, 2006.

    TA-W-62,662; Pentair Electronic Packaging, PEP--IL Division, Des

    Plaines, IL: January 9, 2007.

    TA-W-62,705; Faurecia Exhaust Systems, A Subsidiary of Faurecia, Troy,

    OH: January 11, 2007.

    TA-W-62,707; General Cable Corporation, Datacomm Division, Jackson, TN:

    January 14, 2007.

    TA-W-62,735; GKN Driveline North America, Inc., A Subsidiary of GKN

    PLC, Sanford, NC: February 15, 2008.

    TA-W-62,760; Delphi Corporation, Electronics and Safety Division,

    Kokomo, IN: January 28, 2007.

    TA-W-62,794; Franklin Electric Company, Siloam Springs, AR: January 28, 2008.

    TA-W-62,803; Albany International Group, Forming Fabrics Division,

    Montgomery, AL: February 1, 2007.

    TA-W-62,622; Thomson Healthcare, Quality Assurance Department,

    Information Technology Department, Denver, CO: December 18, 2006.

    TA-W-62,647; Honeywell, Inc., CPG Division, Greenville, OH: January 8, 2007.

    TA-W-62,650; Crane Plumbing, LLC, Vitreous China Plant, Subsidiary of

    Sun Capital Holding, Hondo, TX: December 13, 2006.

    TA-W-62,672; Emcore Corporation, Naperville, IL: January 7, 2007.

    TA-W-62,786; Springs Global US, Inc., Springs Direct Division,

    Corporate Support Group, Lancaster, SC: January 31, 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-62,658; Milwaukee Electric Tool Corporation, Jackson Plant,

    Jackson, MS: January 9, 2007.

    TA-W-62,397; Clariant Corporation, Textiles, Leather and Paper

    Division, Martin, SC: November 1, 2006.

    TA-W-62,397A; Clariant Corporation, Corporate Office, Charlotte, NC:

    November 1, 2006.

    TA-W-62,602; Runnerless Knits, Inc., Sunbury, PA: December 20, 2006.

    TA-W-62,623; Parkdale Mills, Inc., Plant #38, Rockford, AL: December 10, 2006.

    TA-W-62,781; Dillan Chenille, Inc., Martinsville, VA: January 29, 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.

    Page 11153

    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-62,673; Siemens E & A, Inc., Urbana, OH.

    TA-W-62,713; NGT Controls, Irvine, CA.

    TA-W-62,771; Parlex U.S.A., Laminated Cable Division, Methuen, MA.

    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-62,660; InterfaceFABRIC, Elkin, NC.

    TA-W-62,711; Carrollton Specialty Products, Carrollton, MO.

    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-62,641; Hitachi Storage Technologies, Inc., San Jose, CA.

    TA-W-62,653; RF Micro Devices, Signal Source and Amplifier Division,

    Broomfield, CO.

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

    TA-W-62,773; Computer Sciences Corporation, Global Infrastructure

    Services Group (GIS), San Diego, 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 February 11 through February 15, 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.

    Date: February 21, 2008.

    Ralph DiBattista,

    Director, Division of Trade Adjustment Assistance.

    FR Doc. E8-3793 Filed 2-28-08; 8:45 am

    BILLING CODE 4510-FN-P

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