Federal Register: February 6, 2004 (Volume 69, Number 25)
DOCID: FR Doc 04-2608
DEPARTMENT OF LABOR
Employment and Training Administration
NOTICE: NOTICES
ACTION: Adjustment assistance:
SUBJECT CATEGORY:
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
DOCUMENT SUMMARY:
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 (TAW) number and alternative trade adjustment assistance (ATAA) by (TAW) number issued during the periods of December 2003 and January 2004.
In order for an affirmative determination to be made and a certification of eligibility to apply for directlyimpacted (primary) worker adjustment assistance to be issued, 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 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 county 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 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) described in paragraph (2) contributed importantly to the workers' separation or threat of separation.
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 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.
TAW53,991; Omni Tech Corp., EndUser Div., Pewaukee, WI
[[Page 5866]]
TAW53,705; Vistakon, a Johnson and Johnson Co., Richard Street Facility, Jacksonville, FL
TAW53,397; Alden Scientific Corp., Alden, NY
TAW53,570; Thermo Forma, Marietta, OH
TAW53,776; Valeo, Inc., Engine Cooling Div., Greensburg, IN TAW53,597; Fashion Technologies, Gaffney, SC
TAW53,708; Weyerhaeuser Co., Northwest Hardwoods Div., Sedro Woolley Sawmill, Sedro Woolley, WA
TAW53,510; Chicago Bridge & Iron Constructors, Inc., Industrial Div.,
a subsidiary of Chicago Bridge and Iron Co., N.V., Provo, UT TAW53,899; Crane Lithography, Cedarburg, WI
TAW53,735; Phillips Plastics Corp., Multi Shot Facility, Eau Claire, WI
TAW53,839; Benitez, Inc., Fishing Vessel (F/V) Mr. Kirton, Corpus Christi, TX
TAW53,635; Keykert USA, Inc., Webberville, MI
TAW53,650; Stimson Lumber Co., Atlas Plant, Coeur D'Alene, ID
TAW53,595; Perm Cast, LLC, a/k/a Grede Foundries, Inc., Cynthiana, KY TAW53,201; Louisiana Pacific Corp., Sandpoint, ID
TAW53,632; Coventry Narrow Fabrics, Inc., a div. of Wayne Industries, Coventry, RI
TAW53,661; Newstech PA, Northhampton, PA
TAW53,680; US Axle, Inc., Pottstown, PA
TAW53,942; Winalta USA, Linton, IN
TAW53,802; J&L Specialty Steel, LLC, Moon Township, PA
TAW53,726; Butler Manufacturing Co., Buildings Div., Galesburg, IL
TAW53,630; Pechiney Plastic Packaging, Inc., Meat and Dairy Div., Des Moines, IA
TAW53,616; Watlow Controls, Winona, MN
TAW53,835; Davidson Printing, Graphic Digital Imaging, Duluth, MN
TAW53,829; Micro Contacts, Inc., Warwick Facility, Warwick, RI TAW53,775; Rexnord Corp., Coupling Div., Warren, PA
TAW53841; Komo Machine, a div. of PMC Global, Inc., Sauk Rapids, MN
The workers firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974.
TAW53,934; Phillips Plastics Corp., Eau Claire, WI
TAW53,923; Agilent Technologies Ltd, Data Networks Div., Portsmouth, NH
TAW53,852; Solid Wood Systems, Inc., High Point, NC
TAW53,892; IBM Global Services, Cypress, CA
TAW53,740; Unisys Corp., ETS Industries, Charlotte, NC
TAW53,715; Verticalnet, Inc., Endicott, NY
TAW53,724; Temporary Solutions, Inc. (TSI), Manassas, VA
TAW53,904; Secutronex, Miami, FL
TAW53,782; Bombardier Motor Corp. of America, El Paso Warehouse, El Paso, TX
TAW53,681; Apache Micro Peripherals, Inc., Irvine, CA
TAW53,719; Bluecross Blueshield of Missouri, a div. of Wellpoint Health Networks, Springfield Offices, Springfield, MO
TAW53,721; Standard Boiler Works, Lebanon, PA
TAW53,783; Geotrac, Inc., Norwalk, OH
TAW53,819; APL Logistics, Socorro, TX
TAW53,984; GE Insurance, a div. of General Electric Corp., Lynchburg, VA
TAW53,848; Hanes Dye & Finishing, Falcon Plant, Easley, SC
TAW54,038; Network Associates, Inc., Oakbridge Terrance, IL
TAW53,800; Schroeder & Tremayne, Inc., Affton Plant, Saint Louis, MO TAW53,811; Winkelman Photography, Oak Park, IL
TAW53,842; Cendant Mobility Service Corp., Danbury, CT
TAW53,840; American Eagle Airlines, Lawton, OK
TAW53,674; American Express Business Travel Services, Nashville, TN
TAW53,675; Pincus Brothers, Inc. (10175 Northeast Boulevard), Philadelphia, PA
TAW53,704; Lucent Technologies, Lisle, IL
TAW53,457; Thomson, Inc., a subsidiary of Thomson, SA, Indianapolis, IN.
TAW53,604; Springs Industries, Inc., Creative Products Group, Rock Hill, SC.
TAW53,792; Menasha Forest Products Corp., North Bend, OR.
TAW53,850; Combined Specialty Group, Inc., Alpharetta, GA.
TAW53,938 & A, B: Oshkosh B'Gosh, Inc., Oshkosh, WI, Oshkosh B'Gosh
Retail, Inc., Oshkosh, WI and OBG Product Development and Sales, Inc., Oshkosh, WI.
TAW53,900; Pennsylvania Southwestern Railroad, a subsidiary of Watco Companies, Inc., Midland PA.
TAW53,903; H.H. Brown Shoe Co., Inc., Carolina Div., Morganton, NC.
TAW54,017; NCS Pearson, Inc., d/b/a Person Performance Solutions, Butler, PA.
The investigation revealed that criterion (a)(2)(A)(I.A) (no employment decline) has not been met.
TAW53,901; Delaine Worsted Mills, Inc., Gastonia, NC.
TAW53,558A; Red Wing Shoe Co., Potosi Manufacturing Plant, Last to Pack Div., Potosi, MO.
The investigation revealed that criteria (a)(2)(A)(I.B) (Sales or
production, or both, did not decline) and (a)(2)(A)(II.A) (no employment decline) has not been met.
TAW53,886; Fishing Vessel (F/V) Pacific Pacer, Cordova, AK.
TAW53,617; Fleetguard, Inc., Neillsville West Plant, a subsidiary of Cummins, Inc., Neillsville, WI.
TAW53,838; Wah Chang, a subsidiary of Allegheny Technologies, Inc., Albany, OR.
The investigation revealed that criteria (a)(2)(A) (I.B) (Sales or
production, or both, did not decline) and (a) (2)(B)(II.B) (has shifted
production to a county not under the free trade agreement with U.S.) have not been met.
TAW53,778; ParkOhio, Inc., Geneva Rubber Div., Geneva, OH.
TAW53,565; Nylstar, Inc., Ridgeway, VA.
TAW53,538 & A; Allegheny Ludlum Corp., Brackenridge Works, Backenridge, PA and Leechburg Works, Leechburg, PA.
TAW53,785; Berger Co., Atchison, KS.
TAW53,662; Newstech NY, Inc., Deferiet, NY.
The investigation revealed that criteria (2) has not been met. The
workers firm (or subdivision) is not a supplier or downstream producer to tradeaffected companies.
TAW53,637; Melton's Metals, Concord, NC.
TAW53,788; Ohio Valley Alloy Services, Inc., Marietta, OH.
TAW53,679; General Cable, Tauton, MS.
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.
TAW53,746; All Service Molding, Inc., Clay City, KY: November 12, 2002.
[[Page 5867]]
TAW53,799; Hoffman Carbon, Inc., a div. of Schunk Graphite
Technology, a subsidiary of The Schunk Group, Bradford, PA: December 12, 2002.
TAW53,653; Portland Forge, a div. of TDY Industries, Inc., Portland,
SUMMARY:
Omni Tech Corp. et al.,
DOCUMENT BODY 2:
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 (TAW) number and alternative trade adjustment assistance (ATAA) by (TAW) number issued during the periods of December 2003 and January 2004.
In order for an affirmative determination to be made and a certification of eligibility to apply for directlyimpacted (primary) worker adjustment assistance to be issued, 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 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 county 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 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) described in paragraph (2) contributed importantly to the workers' separation or threat of separation.
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 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.
TAW53,991; Omni Tech Corp., EndUser Div., Pewaukee, WI
[[Page 5866]]
TAW53,705; Vistakon, a Johnson and Johnson Co., Richard Street Facility, Jacksonville, FL
TAW53,397; Alden Scientific Corp., Alden, NY
TAW53,570; Thermo Forma, Marietta, OH
TAW53,776; Valeo, Inc., Engine Cooling Div., Greensburg, IN TAW53,597; Fashion Technologies, Gaffney, SC
TAW53,708; Weyerhaeuser Co., Northwest Hardwoods Div., Sedro Woolley Sawmill, Sedro Woolley, WA
TAW53,510; Chicago Bridge & Iron Constructors, Inc., Industrial Div.,
a subsidiary of Chicago Bridge and Iron Co., N.V., Provo, UT TAW53,899; Crane Lithography, Cedarburg, WI
TAW53,735; Phillips Plastics Corp., Multi Shot Facility, Eau Claire, WI
TAW53,839; Benitez, Inc., Fishing Vessel (F/V) Mr. Kirton, Corpus Christi, TX
TAW53,635; Keykert USA, Inc., Webberville, MI
TAW53,650; Stimson Lumber Co., Atlas Plant, Coeur D'Alene, ID
TAW53,595; Perm Cast, LLC, a/k/a Grede Foundries, Inc., Cynthiana, KY TAW53,201; Louisiana Pacific Corp., Sandpoint, ID
TAW53,632; Coventry Narrow Fabrics, Inc., a div. of Wayne Industries, Coventry, RI
TAW53,661; Newstech PA, Northhampton, PA
TAW53,680; US Axle, Inc., Pottstown, PA
TAW53,942; Winalta USA, Linton, IN
TAW53,802; J&L Specialty Steel, LLC, Moon Township, PA
TAW53,726; Butler Manufacturing Co., Buildings Div., Galesburg, IL
TAW53,630; Pechiney Plastic Packaging, Inc., Meat and Dairy Div., Des Moines, IA
TAW53,616; Watlow Controls, Winona, MN
TAW53,835; Davidson Printing, Graphic Digital Imaging, Duluth, MN
TAW53,829; Micro Contacts, Inc., Warwick Facility, Warwick, RI TAW53,775; Rexnord Corp., Coupling Div., Warren, PA
TAW53841; Komo Machine, a div. of PMC Global, Inc., Sauk Rapids, MN
The workers firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974.
TAW53,934; Phillips Plastics Corp., Eau Claire, WI
TAW53,923; Agilent Technologies Ltd, Data Networks Div., Portsmouth, NH
TAW53,852; Solid Wood Systems, Inc., High Point, NC
TAW53,892; IBM Global Services, Cypress, CA
TAW53,740; Unisys Corp., ETS Industries, Charlotte, NC
TAW53,715; Verticalnet, Inc., Endicott, NY
TAW53,724; Temporary Solutions, Inc. (TSI), Manassas, VA
TAW53,904; Secutronex, Miami, FL
TAW53,782; Bombardier Motor Corp. of America, El Paso Warehouse, El Paso, TX
TAW53,681; Apache Micro Peripherals, Inc., Irvine, CA
TAW53,719; Bluecross Blueshield of Missouri, a div. of Wellpoint Health Networks, Springfield Offices, Springfield, MO
TAW53,721; Standard Boiler Works, Lebanon, PA
TAW53,783; Geotrac, Inc., Norwalk, OH
TAW53,819; APL Logistics, Socorro, TX
TAW53,984; GE Insurance, a div. of General Electric Corp., Lynchburg, VA
TAW53,848; Hanes Dye & Finishing, Falcon Plant, Easley, SC
TAW54,038; Network Associates, Inc., Oakbridge Terrance, IL
TAW53,800; Schroeder & Tremayne, Inc., Affton Plant, Saint Louis, MO TAW53,811; Winkelman Photography, Oak Park, IL
TAW53,842; Cendant Mobility Service Corp., Danbury, CT
TAW53,840; American Eagle Airlines, Lawton, OK
TAW53,674; American Express Business Travel Services, Nashville, TN
TAW53,675; Pincus Brothers, Inc. (10175 Northeast Boulevard), Philadelphia, PA
TAW53,704; Lucent Technologies, Lisle, IL
TAW53,457; Thomson, Inc., a subsidiary of Thomson, SA, Indianapolis, IN.
TAW53,604; Springs Industries, Inc., Creative Products Group, Rock Hill, SC.
TAW53,792; Menasha Forest Products Corp., North Bend, OR.
TAW53,850; Combined Specialty Group, Inc., Alpharetta, GA.
TAW53,938 & A, B: Oshkosh B'Gosh, Inc., Oshkosh, WI, Oshkosh B'Gosh
Retail, Inc., Oshkosh, WI and OBG Product Development and Sales, Inc., Oshkosh, WI.
TAW53,900; Pennsylvania Southwestern Railroad, a subsidiary of Watco Companies, Inc., Midland PA.
TAW53,903; H.H. Brown Shoe Co., Inc., Carolina Div., Morganton, NC.
TAW54,017; NCS Pearson, Inc., d/b/a Person Performance Solutions, Butler, PA.
The investigation revealed that criterion (a)(2)(A)(I.A) (no employment decline) has not been met.
TAW53,901; Delaine Worsted Mills, Inc., Gastonia, NC.
TAW53,558A; Red Wing Shoe Co., Potosi Manufacturing Plant, Last to Pack Div., Potosi, MO.
The investigation revealed that criteria (a)(2)(A)(I.B) (Sales or
production, or both, did not decline) and (a)(2)(A)(II.A) (no employment decline) has not been met.
TAW53,886; Fishing Vessel (F/V) Pacific Pacer, Cordova, AK.
TAW53,617; Fleetguard, Inc., Neillsville West Plant, a subsidiary of Cummins, Inc., Neillsville, WI.
TAW53,838; Wah Chang, a subsidiary of Allegheny Technologies, Inc., Albany, OR.
The investigation revealed that criteria (a)(2)(A) (I.B) (Sales or
production, or both, did not decline) and (a) (2)(B)(II.B) (has shifted
production to a county not under the free trade agreement with U.S.) have not been met.
TAW53,778; ParkOhio, Inc., Geneva Rubber Div., Geneva, OH.
TAW53,565; Nylstar, Inc., Ridgeway, VA.
TAW53,538 & A; Allegheny Ludlum Corp., Brackenridge Works, Backenridge, PA and Leechburg Works, Leechburg, PA.
TAW53,785; Berger Co., Atchison, KS.
TAW53,662; Newstech NY, Inc., Deferiet, NY.
The investigation revealed that criteria (2) has not been met. The
workers firm (or subdivision) is not a supplier or downstream producer to tradeaffected companies.
TAW53,637; Melton's Metals, Concord, NC.
TAW53,788; Ohio Valley Alloy Services, Inc., Marietta, OH.
TAW53,679; General Cable, Tauton, MS.
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.
TAW53,746; All Service Molding, Inc., Clay City, KY: November 12, 2002.
[[Page 5867]]
TAW53,799; Hoffman Carbon, Inc., a div. of Schunk Graphite
Technology, a subsidiary of The Schunk Group, Bradford, PA: December 12, 2002.
TAW53,653; Portland Forge, a div. of TDY Industries, Inc., Portland,