[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Notices]
[Page 41791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3838]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,885]


CTNA Akron Test Center, a Subsidiary Of Continental Tire North 
America (CTNA), Inc., Akron, OH; Notice of Revised Determination on 
Reconsideration

    By application of May 25, 2005, petitioners requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA) and 
Alternative Trade Adjustment Assistance (ATAA). The denial notice was 
signed on May 13, 2005 and published in the Federal Register on June 
13, 2005 (70 FR 34154).
    Pursuant to 29 CFR 90.18(c) reconsideration may be granted under 
the following circumstances:
    (1) If it appears on the basis of facts not previously considered 
that the determination complained of was erroneous;
    (2) If it appears that the determination complained of was based on 
a mistake in the determination of facts not previously considered; or
    (3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The TAA petition, filed on behalf of workers at CTNA Akron Test 
Center, a subsidiary of Continental Tire North America, Inc., Akron, 
Ohio engaged in testing services was denied because the petitioning 
workers did not produce an article within the meaning of Section 222 of 
the Act.
    The petitioner contends that the Department erred in its 
interpretation of work performed at the subject facility as a service 
and further conveys that the petitioning group of workers was in direct 
support of CTNA manufacturing facility in Mayfield, Kentucky. The 
workers of CTNA, Mayfield, Kentucky were certified eligible for TAA on 
July 7, 2003. CTNA plant in Mayfield, Kentucky ceased production of 
tires and shifted it to Mexico in December 2004.
    A company official was contacted for clarification in regard to the 
nature of the work performed at the subject facility. The company 
official stated that workers of the subject facility performed quality 
testing on finished tires to ensure compliance to DOT requirements. 
Thus, the workers were engaged in activities related to the production 
of tires.
    The official further confirmed that workers of the subject firm 
supported production of tires at an affiliated plant, CTNA plant 
located in Mayfield, Kentucky prior to its closure in December of 2004.
    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 group eligibility requirements of Section 246 of 
the Trade Act must be met. The Department has determined in this case 
that the requirements of Section 246 have been met.
    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 there was a shift in production from the workers' firm 
or subdivision to Mexico of articles that are like or directly 
competitive with those produced by the subject firm or subdivision. In 
accordance with the provisions of the Act, I make the following 
certification:

    All workers of the CTNA Akron Test Center, a subsidiary of 
Continental Tire North America, Inc., Akron, Ohio who became totally 
or partially separated from employment on or after April 4, 2005 
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.

    Signed at Washington, DC, this 8th day of July, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-3838 Filed 7-19-05; 8:45 am]
BILLING CODE 4510-30-P