[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Notices]
[Pages 22708-22709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2075]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,152 and TA-W-56,152A]


Flowline Division, of Markovitz Enterprises, Inc., New Castle, 
PA; Flowline Division, of Markovitz Enterprises, Inc., Whiteville, NC; 
Notice of Determinations Regarding Application for Reconsideration

    By application of February 24, 2005 a company official requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firms to apply for Trade Adjustment Assistance (TAA) and 
Alternative Trade Adjustment Assistance (ATAA). The denial notice was 
signed on January 13, 2005 and published in the Federal Register on 
February 7, 2005 (70 FR 6459).
    The TAA petition, filed on behalf of workers at Flowline Division 
of Markovitz Enterprises, Inc., New Castle, Pennsylvania (TA-W-56,152) 
and Flowline Division of Markovitz Enterprises, Inc., Whiteville, North 
Carolina (TA-W-56,152A) engaged in production of stainless steel butt-
weld fittings was denied because the criteria (a)(2)(A)(I.B) and 
(a)(2)(B)(II.B) Section 222 of the Trade Act of 1974 were not met. 
Firm's sales and production for stainless steel butt-weld fittings 
increased from January through November of 2004 when compared to the 
same period in 2003. The firm did not shift production of stainless 
steel butt-weld fittings to a foreign country during the relevant 
period.
    In the request for reconsideration, the petitioner requested an 
additional analysis of the subject firm's sales, production and 
employment during the relevant time period.
    The Department requested additional information regarding the dates 
of the separations of the workers of the subject firm in order to 
establish the relevant base period for sales and production. The review 
of the obtained information established the fact that the majority of 
the layoffs at Flowline Division of Markovitz Enterprises, Inc., New 
Castle, Pennsylvania occurred in the first quarter of 2004. 
Consequently, sales, production and imports for 2002 and 2003 are 
relevant in this case. It was further revealed that sales and 
production declined significantly from 2002 to 2003. Furthermore, the 
investigation revealed that the subject firm increased its imports of 
stainless steel butt-weld fittings during the relevant time period.
    The reconsideration established that only one worker was separated 
from Flowline Division of Markovitz Enterprises, Inc., Whiteville, 
North Carolina (TA-W-56,152A) during the relevant time period. This 
fact was not documented during the original investigation based on the 
information provided by the company official.
    When assessing eligibility for TAA, the Department makes its 
determinations based on the requirements as outlined in Section 222 of 
the Trade Act. The investigation revealed that Flowline Division of 
Markovitz Enterprises, Inc., Whiteville, North Carolina did not 
separate or threaten to separate a significant number or proportion of 
workers as required by Section 222 of the Trade Act of 1974. 
Significant number or proportion of the workers in a firm or 
appropriate subdivision thereof, means that at least three workers with 
a workforce of fewer than 50 workers, five percent of the workers with 
a workforce over 50 workers, or fifty workers. As the total separated 
worker number was one during the relevant period, workers of Flowline 
Division of Markovitz Enterprises, Inc., Whiteville, North Carolina do 
not meet the group eligibility requirements for trade adjustment 
assistance.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department of Labor herein presents the results 
of its investigation regarding certification of eligibility to apply 
for alternative trade adjustment assistance (ATAA) for older workers.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the worker group must be certified eligible to apply 
for trade adjustment assistance (TAA), and the group eligibility 
requirements of Section 246 of the Trade Act must be met.
    Since the workers of Flowline Division of Markovitz Enterprises, 
Inc., Whiteville, North Carolina (TA-W-56,152A) are denied eligibility 
to apply for TAA, the workers cannot be certified eligible for ATAA.
    The Department further determined that the requirements of Section 
246 have been met for workers of Flowline Division of Markovitz 
Enterprises, Inc., New Castle, Pennsylvania (TA-W-56,152). A 
significant number of workers at the firm are age 50 or over and 
possess skills that are not easily transferable. Competitive conditions 
within the industry are adverse.

Conclusion

    After careful review of the facts obtained in the investigation, I 
determine that increases of imports of articles like or directly 
competitive with articles produced by Flowline Division of Markovitz 
Enterprises, Inc., New Castle, Pennsylvania (TA-W-56,152) contributed 
importantly to the total or partial separation of workers and to the 
decline in sales or production at that firm or subdivision. In 
accordance with the provisions of the Act, I make the following 
certification:

    ``All workers of the Flowline Division of Markovitz Enterprises, 
Inc., New Castle, Pennsylvania (TA-W-56,152), who became totally or 
partially separated from employment on or after December 2, 2003

[[Page 22709]]

through two years from the date of this certification, are eligible 
to apply for adjustment assistance under Section 223 of the Trade 
Act of 1974, and are eligible to apply for alternative trade 
adjustment assistance under Section 246 of the Trade Act of 1974.''

and;

    ``I further determine that all workers at Flowline Division of 
Markovitz Enterprises, Inc., Whiteville, North Carolina (TA-W-
56,152A) are denied eligibility to apply for adjustment assistance 
under Section 223 of the Trade Act of 1974 and are denied 
eligibility to apply for alternative trade adjustment assistance 
under Section 246 of the Trade Act of 1974.''

    Signed at Washington, DC, this 14th day of April, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-2075 Filed 4-29-05; 8:45 am]
BILLING CODE 4510-30-P