[Federal Register Volume 71, Number 23 (Friday, February 3, 2006)]
[Notices]
[Pages 5893-5894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1494]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-58,435]


Negative Determination Regarding Eligibility To Apply for Worker 
Adjustment Assistance and Alternative Trade Adjustment Assistance

    In accordance with section 223 of the Trade Act of 1974, as amended 
(19 U.S.C. 2273), the Department of Labor herein presents the results 
of an investigation regarding certification of eligibility to apply for 
worker adjustment assistance. The group eligibility requirements for 
directly-impacted (primary) workers under Section 222(a) of the Trade 
Act of 1974, as amended, can be satisfied in either of two ways:
    I. In 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. In 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 country 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 is 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.
    The investigation was initiated on December 1, 2005 in response to 
a petition filed by the International Association of Machinists and 
Aerospace Workers (IAMAW), Local 2067 on behalf of workers at Paxar 
Americas, Inc., Thomas Avenue Plant, a subsidiary of Paxar Corporation, 
Systems Division, Sayre, Pennsylvania. The workers at the subject firm 
produce electronic imprint machines (e.g., label printing machines). 
The subject firm also leased workers on-site from Adecco to produce 
electronic imprint machines.
    The investigation revealed that criteria (a)(2)(A)(I.C) and 
(a)(2)(B)(II.B) were not met.
    The investigation revealed that the subject firm did not import 
electronic imprint machines, nor did it shift

[[Page 5894]]

production to a foreign country during 2003, 2004 or the period of 
January through November 2005.
    The investigation also revealed that subject firm sales of 
electronic imprint machines increased from 2003 to 2004 and again 
during the period of January through November 2005 over the 
corresponding period in 2004.
    The investigation further revealed that employment declines at the 
subject firm resulted from the introduction of a like and directly 
competitive product line requiring less time to manufacture and less 
labor.
    In addition, in accordance with section 246 of 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). Since the workers are denied 
eligibility to apply for TAA, the workers cannot be certified eligible 
for ATAA.

Conclusion

    After careful review of the facts obtained, I determine that all 
workers of Paxar Americas, Inc., Thomas Avenue Plant, a subsidiary of 
Paxar Corporation, Systems Division, including on-site leased workers 
of Adecco, Sayre, Pennsylvania are denied eligibility to apply for 
adjustment assistance under section 223 of the Trade Act of 1974, and 
alternative trade adjustment assistance under section 246 of the Trade 
Act of 1974.

    Signed in Washington, DC this 28th day of December 2005.
 Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-1494 Filed 2-2-06; 8:45 am]
BILLING CODE 4510-30-P