[Federal Register Volume 69, Number 225 (Tuesday, November 23, 2004)]
[Notices]
[Pages 68176-68177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3291]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,679]


General Cable, Taunton, MA; Notice of Negative Determination on 
Reconsideration on Remand

    The United States Court of International Trade (USCIT) granted the 
Department of Labor's request for voluntary remand of the negative 
determination on reconsideration in United Electrical, Radio and 
Machine Workers of America (General Cable) v. U.S. Secretary of Labor, 
Court No. 04-00390.
    The Department's denial of Trade Adjustment Assistance (TAA) for 
the workers of General Cable, Taunton, Massachusetts was issued on 
January 13, 2004 and was published in the Federal Register on February 
6, 2004 (69 FR 5866). The workers produce copper wire and 
polyvinylchloride (PVC) plastic compounds and are separately 
identifiable by product line.
    The subject company and the United Electrical, Radio and Machine 
Workers of America, District Council 2 (``Union'') filed a joint 
primary- and secondarily-affected petition, claiming that the subject 
company lost sales to customers importing and that the subject company 
lost business as a supplier, assembler or finisher of products or 
components for a trade-affected primary company (General Cable, 
Montoursville, Pennsylvania).
    The initial investigation revealed that during the relevant time 
period, the subject company did not supply a component to a primary 
firm engaged in production whose workers were currently certified as 
trade impacted. The primary firm ceased production in 2001 and the TAA 
certification of workers at that facility expired November 9, 2003. The 
investigation also revealed that sales and production at the subject 
company increased in 2003 from 2002 levels.
    By application dated February 4, 2004, the Union requested 
administrative reconsideration of the negative determination, stating 
that the relevant period investigated by the Department is not an 
accurate measure in determining workers' eligibility for TAA and 
suggests that the Department should extend the investigation back to 
the beginning of 2000. The Notice of Negative Determination Regarding 
Application for Reconsideration was issued on March 23, 2004 and was 
published in the Federal Register on June 8, 2004 (69 FR 32046).
    The request for reconsideration was denied because the closure of 
the primary company occurred before the relevant time period (November 
20, 2002 through November 20, 2003). The TAA statute established the 
investigatory period as the twelve full months prior to the petition 
date (November 20, 2003).
    By application of July 31, 2004, the Union sought judicial review 
from the USCIT. In response to the petitioner's appeal, the Department 
requested, and was granted, a voluntary remand. The Order was issued on 
September 16, 2004.
    In its remand investigation, the Department determined that the 
workers of the firm are separately identifiable as to whether they are 
engaged in the production of copper wire or PVC compound.
    The Department contacted the company for sales, production, and 
import figures for copper wire and PVC compound produced at the subject 
facility during 2002, 2003, January-November 2002 and January-November 
2003 as well as information regarding the subject company's customers.
    The investigation on remand determined that the subject firm did 
not import copper wire or PVC compound during 2002, 2003, January-
November 2002 and January-November 2003.
    The remand investigation determined that there was no loss of 
business with customers purchasing copper wire during the relevant 
period. Production of copper wire increased at the subject facility in 
2003 from 2002 levels and increased during January-November 2003 from 
January-December 2002 levels.
    To support its findings on remand, the Department also conducted a 
new customer survey of the subject company's major customers regarding 
their purchases of copper wire during 2002, 2003, January-November 2002 
and January-November 2003. The investigation revealed that the 
customers did not increase import purchases (direct or indirect) of 
copper wire during 2002, 2003, January-November 2002 and January-
November 2003.
    The Department determined on its remand investigation that PVC 
compound production at the subject firm decreased in 2003 from 2002 
levels and decreased during January-November 2003 from January-December 
2002 levels.
    The Department conducted a new customer survey of the subject 
company's major customers regarding their purchases of PVC compound 
during 2002, 2003, January-November 2002 and January-November 2003. The 
investigation revealed that the customers did not increase import 
purchases (direct or indirect) of PVC compound during 2002, 2003, 
January-November 2002 and January-November 2003. Therefore, the 
Department determined that the workers of the firm producing PVC 
compound are not impacted by imports of PVC compound.
    The remand investigation also confirmed that workers of General 
Cable, Taunton, Massachusetts, cannot be considered secondarily 
affected because sales of copper wire and PVC compound to the primary 
firm ceased in

[[Page 68177]]

2001 (copper wire in August 2001 and PVC compound in September 2001). 
As previously determined, the primary firm ceased its production in 
2001.

Conclusion

    After reconsideration on remand, I affirm the original notice of 
negative determination of eligibility to apply for adjustment 
assistance for workers and former workers of General Cable, Taunton, 
Massachusetts.

    Signed at Washington, DC, this 16th day of November 2004.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E4-3291 Filed 11-22-04; 8:45 am]
BILLING CODE 4510-30-P