[Federal Register Volume 71, Number 97 (Friday, May 19, 2006)]
[Notices]
[Pages 29182-29183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7613]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-58,583]


Air Products and Chemicals, Inc. Including On-Site Leased Workers 
of Shaw Maintenance, Inc., Pace, FL; Notice of Revised Determination on 
Reconsideration

    By letter dated March 10, 2006, a company official requested 
administrative reconsideration regarding the Department's Negative 
Determination Regarding Eligibility to Apply for Worker Adjustment 
Assistance, applicable to workers of the subject firm. The Notice of 
Affirmative Determination Regarding Application for Reconsideration was 
issued on April 20, 2006, and was published in the Federal Register on 
May 5, 2006 (71 FR 26563).
    The Department's negative determination was based on the findings 
that the subject company did not shift production of ammonia nitrate 
abroad or increase imports of ammonia nitrate during the relevant 
period. A survey of the subject company's major declining customers did 
not reveal increased

[[Page 29183]]

imports of ammonia nitrate during the relevant period.
    To support the request for reconsideration, the company official 
supplied additional information regarding increased imports of ammonia 
nitrate by other major declining customers of the subject firm.
    During the reconsideration investigation, the Department conducted 
a survey of the additional customers provided by the company official. 
The survey revealed increased reliance on imported ammonia nitrate 
during the period of sales and production declines at the subject firm.
    In accordance with section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department 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, as amended, 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 additional facts obtained on 
reconsideration, I conclude that increased imports of articles like or 
directly competitive with those produced at the subject firm 
contributed importantly to the sales and production declines and to the 
separation of workers at the subject firm.
    In accordance with the provisions of the Act, I make the following 
certification:

All workers of Air Products and Chemicals, Inc., Including On-Site 
Leased Workers of Shaw Maintenance, Inc., Pace, Florida, who became 
totally or partially separated from employment on or after January 
5, 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, as 
amended.

    Signed in Washington, DC this 12th day of May 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E6-7613 Filed 5-18-06; 8:45 am]
BILLING CODE 4510-30-P