[Federal Register Volume 72, Number 165 (Monday, August 27, 2007)]
[Notices]
[Pages 49022-49023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16888]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-60,843]


Clorox Services Company a Subsidiary of the Clorox Company, 
Oakland, CA; Notice of Negative Determination on Reconsideration

    On June 4, 2007, the Department issued an Affirmative Determination 
Regarding Application for Reconsideration for the workers and former 
workers of the subject firm. The notice was published in the Federal 
Register on June 14, 2007 (72 FR 32915-32916).
    The petition for the workers of Clorox Services Company, a 
subsidiary of the Clorox Company, Oakland, California engaged in 
information technology services, including application development and 
maintenance, data center operations, and network and end-user support 
was denied because the petitioning workers did not produce an article 
within the meaning of section 222 of the Act.
    The petitioners filed a request for reconsideration in which they 
contend that the Department erred in its interpretation of work 
performed at the subject facility and convey that workers of the 
subject firm supported manufacturing of goods at affiliated 
incorporated subsidiaries of the Clorox Company.
    The workers of the subject firm and a company official were 
contacted for clarification in regard to the nature of the work 
performed at the subject facility. The investigation on reconsideration 
revealed that workers of the subject firm supported production of 
various household and specialty articles at various subsidiaries of the 
Clorox Company on a company-wide scale.
    The Department conducted an additional investigation to determine 
whether workers can be considered eligible for TAA as directly-impacted 
workers in support of production of household and specialty products, 
such as home cleaning, auto care, professional products, cat litter, 
dressings, sauces and seasonings.
    The group eligibility requirements for directly-impacted (primary) 
workers under section 222(a) the Trade Act of 1974, as amended, can be 
satisfied in either of two ways:
    I. 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. 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 revealed that workers of the subject firm 
provided technical support to the entire Clorox Company and all its 
domestic production facilities. The investigation of the U.S. 
production and sales of the Clorox Company, USA, revealed that criteria 
(I.B) and (II.B) were not met. According to the information provided by 
the company official, company-wide sales and production of household 
and specialty products, such as home cleaning, auto care, professional 
products, cat litter, dressings, sauces and seasonings did not decline 
from

[[Page 49023]]

2005 to 2006 and there was no shift in production of household and 
specialty products to a foreign source during the relevant time period.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Clorox Service Company, a subsidiary 
of the Clorox Company, Oakland, California.

    Signed at Washington, DC, this 14th day of August, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-16888 Filed 8-24-07; 8:45 am]
BILLING CODE 4510-FN-P