[Federal Register Volume 71, Number 64 (Tuesday, April 4, 2006)]
[Notices]
[Pages 16834-16835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4847]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-56,674]
CTS Corporation, CTS Communications Components, Inc., Including
On-Site Leased Workers of Excel and Spherion; Albuquerque, New Mexico;
Notice of Revised Determination on Remand
In an Order issued on February 7, 2006, the United States Court of
International Trade (USCIT) granted the motion filed by the Department
of Labor (Department) for voluntary remand in Former Employees of CTS
Communication Components, Inc. v. United States Secretary of Labor,
Court No. 05-00372.
On April 15, 2005, the Department issued a negative determination
regarding workers eligibility to apply for Trade Adjustment Assistance
(TAA) and Alternative Trade Adjustment Assistance (ATAA) for workers
and former workers of CTS Corporation, CTS Communications Components,
Inc., Including On-Site Leased Workers of Excel and Spherion,
Albuquerque, New Mexico, (CTS). Workers produce ceramic blocks/filters
and sensors and are not separately identifiable by product line. The
Department's Notice of determination was published in the Federal
Register on May 16, 2005 (70 FR 25859).
The determination was based on the findings that the subject
company neither imported ceramic blocks/filters or sensors in 2003,
2004, or during the period of January through February 2005, nor
shifted production of ceramic blocks/filters or sensors abroad during
the relevant period, and that the subject company's major declining
customers did not increase imports of ceramic blocks/filters or sensors
during the relevant period.
On June 7, 2005, the Department dismissed a request for
administrative reconsideration based upon a lack of substantial new
information. In the request for reconsideration, the petitioner alleged
that production shifted to China and that the customer are unknowingly
importing ceramic blocks/filters and/or sensors from China. The
dismissal stated that while production did shift to China, as alleged,
neither the subject company nor its customers had increased imports of
ceramic blocks/filters or sensors. The Department's Notice of Dismissal
of Application for Reconsideration was issued on June 8, 2005 and
published in the Federal Register on June 20, 2005 (70 FR 35455).
By letter dated May 7, 2005, the Plaintiffs applied to the USCIT
for judicial review. On February 7, 2006, the USCIT granted the
Department's request for voluntary remand and directed the Department
to conduct further investigation regarding the workers' eligibility to
apply for TAA and ATAA.
During the remand investigation, the Department contacted the
subject company to ascertain what products were produced at the subject
facility during the relevant period and whether the subject company or
its customers had imported those articles during the relevant period.
A careful review of the newly-obtained information has revealed
that the subject company had produced ceramic filters and ceramic
sensors during 2003, 2004, and 2005 and that the workers were not
separately identifiable by product line. The new information also
revealed that some production of ceramic sensors shifted to China and
that finished ceramic sensors manufactured in China were shipped to
customers in the United States.
Additional investigation has determined that the workers possess
skills that are not easily transferable. A significant number or
proportion of the worker group are age fifty years or over. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts generated through the remand
investigation, I determine that increased imports of ceramic sensors
like or directly competitive with those produced by the subject firm
contributed importantly to the total or partial separation of a
significant number of workers at the subject facility. In accordance
with the provisions of the Act, I make the following certification:
``All workers of CTS Corporation, CTS Communications Components,
Inc., Including On-Site Leased Workers of Excel and Spherion,
Albuquerque, New Mexico, who became totally or partially separated
from employment on or after February 28, 2004, through two years
from the issuance of this revised determination, are eligible to
apply for Trade Adjustment Assistance under Section 223 of the Trade
Act of 1974, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.''
[[Page 16835]]
Signed at Washington, DC, this 22nd day of March 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-4847 Filed 4-3-06; 8:45 am]
BILLING CODE 4510-30-P