[Federal Register Volume 70, Number 78 (Monday, April 25, 2005)]
[Notices]
[Page 21247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1932]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-55,607]


Creo Americas, Inc., U.S. Headquarters, a Subsidiary of Creo, 
Inc., Billerica, MA; Notice of Revised Determination on Remand

    On February 22, 2005, the United States Court of International 
Trade (USCIT) granted the Department's motion for voluntary remand for 
further investigation in Former Employees of Creo Americas, Inc. v. 
U.S. Secretary of Labor (Court No. 05-0021).
    The Department's denial of the initial petition for Trade 
Adjustment Assistance (TAA) was issued on October 20, 2004. The Notice 
of determination was published in the Federal Register on November 12, 
2004 (69 FR 65462).
    The negative determination was based on the finding that the 
predominant cause of separations at the subject facility was the 
consolidation of administrative and support functions to the subject 
firm's corporate headquarters in Canada.
    Administrative reconsideration was not requested.
    By letter dated January 8, 2005, the petitioner filed an appeal 
with the USCIT, alleging that worker separations were due to the 
subject firm's shift of production to Canada. In order to carry out the 
intent of the statute and to safeguard the interests of the 
petitioners, the Department requested, and was granted, a voluntary 
remand to further investigate the matter.
    During the remand investigation, the Department raised additional 
questions and obtained detailed supplemental responses from the 
company. In particular, the new information provided by the company 
officials revealed that the subject firm is an integrated organization 
which coordinates all activities at the subject facility and that the 
subject worker group supported domestic subject firm production, 
including the subject firm's production facility in Lynwood, Washington 
(TA-W-55,165; certified on July 12, 2004) during 2003 and January 
through September 2004.
    The Department also investigated whether Creo Americas, Inc., Creo 
Seattle Division, A Subsidiary of Creo, Inc., Lynwood, Washington was 
TAA-certifiable during the relevant period. The investigation revealed 
that the Lynwood, Washington facility experienced a shift of production 
to Canada during the relevant period and that the shift of production 
contributed importantly to the employment declines at the subject 
facility.

Conclusion

    After careful review of the newly-obtained facts generated during 
the remand investigation, I determine that a shift of production 
contributed importantly to the total or partial separation of workers 
at the subject facility. In accordance with the provisions of the Act, 
I make the following certification:

    All workers of Creo Americas, Inc., U.S. Headquarters, A 
Subsidiary of Creo, Inc., Billerica, Massachusetts, who became 
totally or partially separated from employment on or after September 
7, 2003, through two years from the issuance of this determination, 
are eligible to apply for Trade Adjustment Assistance under Section 
223 of the Trade Act of 1974.

    Signed at Washington, DC this 5th day of April 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-1932 Filed 4-22-05; 8:45 am]
BILLING CODE 4510-30-P