[Federal Register Volume 72, Number 25 (Wednesday, February 7, 2007)]
[Notices]
[Page 5751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1957]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-59,118]


Thomson, Inc., Circleville, OH; Notice of Termination of 
Investigation

    On October 27, 2006, the U.S. Court of International Trade (USCIT) 
granted the Department of Labor's consent motion for voluntary remand 
in Former Employees of Thomson, Inc. v. United States, Court No. 06-
0266.
    On March 24, 2006, three workers filed a petition for Trade 
Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance 
(ATAA) on behalf of workers and former workers of Thomson, Inc., 
Circleville, Ohio. The petition stated that the subject workers' task 
was ``decommission facility,'' that the facility closed on June 25, 
2004, that the subject facility was previously certified (TA-W-52,274; 
expired), and that the ``remaining employees should be considered for 
benefits.''
    On May 10, 2006, the Department of Labor (Department) issued a 
negative determination regarding the subject worker group's eligibility 
to apply for TAA and ATAA, stating that the workers do not produce an 
article within the meaning of the Trade Act of 1974. The Department's 
Notice of determination was published in the Federal Register on May 
24, 2006 (71 FR 29984).
    In a letter dated May 24, 2006, three workers requested 
administrative reconsideration by the Department. The workers implied 
that because the petitioning worker group is part of the group 
certified under TA-W-52,274 and remained working at the subject 
facility after production ceased and beyond the certification period 
for TA-W-52,274 (August 7, 2005), they should be considered eligible to 
apply for TAA and ATAA.
    By letter dated June 19, 2006, the Department dismissed the 
workers' request for reconsideration. The Department's Notice of 
dismissal was issued in June 20, 2006 and published in the Federal 
Register on July 6, 2006 (71 FR 38425).
    In a letter dated August 1, 2006, the workers requested judicial 
review. In the complaint, the workers stated that the subject firm 
ceased operations in April 2004, that they were employed past April 
2004 to ``perform mandated requirements under the Cessation of 
Regulations Operations,'' and ``our jobs were lost to foreign 
competition the same as the other employees of Thomson, Inc. in 
Circleville, Ohio.'' In response to the complaint, the Department filed 
an administrative record.
    The Department subsequently moved for a voluntary remand, so that 
the Department could conduct a further review and make a 
redetermination of eligibility. On October 27, 2006, the Department's 
motion was granted.
    During the initial investigation for this petition, the Department 
was informed by a company official that the subject workers were 
employed in order for the company to satisfy a State-mandated plant 
closure process. This process required the company to submit a 
``Cessation of Regulated Operations'' (CRO) plan that addressed the 
removal of all hazardous materials. The State-approved CRO plan 
required an 18-month implementation schedule. The subject facility 
ceased production in April 2004 and entered the CRO phase in June 2004.
    After careful review during the remand investigation, the 
Department determines that the workers who continued their employment 
with the subject firm to execute the CRO plan and complete shutdown 
functions are part of the worker group covered by TA-W-52,274. The 
Department's determination is based on the causal nexus between the 
subject facility's closure and the workers' separations.
    On March 8, 2005, the Department issued a certification of 
eligibility to apply for ATAA under petition TA-W-52,274. The 
Department's Notice was published in the Federal Register on April 1, 
2005 (70 FR 16851).
    On January 25, 2007, the Department amended the TAA/ATAA 
certification of TA-W-52,274 to cover workers of the subject firm 
separated from employment on or after June 27, 2002 through December 
31, 2006.
    Since the subject workers are covered by TA-W-52-274, further 
investigation in this case would serve no purpose and the investigation 
has been terminated.

Conclusion

    After careful review of the findings of the remand investigation, I 
am terminating the investigation of the petition for worker adjustment 
assistance filed on behalf of workers and former workers of Thomson, 
Inc., Circleville, Ohio.

    Signed at Washington, DC this 25th day of January 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E7-1957 Filed 2-6-07; 8:45 am]
BILLING CODE 4510-FN-P