[Federal Register Volume 73, Number 217 (Friday, November 7, 2008)]
[Notices]
[Pages 66274-66275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26537]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,713]


Canterbury Printing Company of Rome Incorporated, Rome, New York; 
Notice of Negative Determination on Reconsideration

    On September 17, 2008, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Canterbury Printing Company of Rome Incorporated, 
Rome, New York (subject firm). The Department's Notice of affirmative 
determination was published in the Federal Register on September 24, 
2008 (73 FR 55137). Workers produce printed materials including 
postcards, calendars, and journals.
    The Department's determination regarding the subject workers' 
eligibility to apply for Trade Adjustment Assistance (TAA) and 
Alternative Trade Adjustment Assistance (ATAA) was based on the 
Department's findings that, during the relevant period, there were no 
increased imports by the subject firm or its major declining customer 
or a shift of production by the subject firm to a foreign country.
    In the request for administrative reconsideration, the Graphic 
Communications Conference of the International Brotherhood of Teamsters 
Union, Local 503-M, alleged that increased imports contributed to the 
closure of the subject firm.
    In order to apply for TAA, petitioners must meet the worker group 
eligibility requirements for directly-impacted (primary) workers under 
Section 222(a) the Trade Act of 1974, as amended. The eligibility 
requirements can be met by satisfying either Section (a)(2)(A) or 
Section (a)(2)(B).
    Under Section (a)(2)(A), the following criteria must be met:
    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; and
    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.
    Under Section (a)(2)(B), the following criteria must be met:
    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; and
    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; or
    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.
    During the reconsideration investigation, the Department confirmed 
that the subject firm closed permanently in July 2008. Therefore, the 
Department affirms that the first two criteria of Section 222(a)(2)(A) 
have been met.
    Based on the allegations in the request for reconsideration, the 
scope of the reconsideration investigation is limited to whether or not 
the third criteria in Section 222(a)(2)(A) has been met (increased 
imports of articles like or directly competitive with those produced by 
the subject firm contributed importantly to the workers' separation and 
to subject firm sales or production declines).
    During the reconsideration investigation, the Department confirmed 
that the subject firm did not import printed material or articles like 
or

[[Page 66275]]

directly competitive with printed material.
    On reconsideration, the Department contacted the subject firm's 
major declining customer that was surveyed during the initial 
investigation, and confirmed that the customer did not import articles 
like or directly competitive with the printed material produced by the 
subject firm. The customer also stated that it ceased purchasing from 
the subject firm because it transferred to a Web-based publication. The 
move from the print medium to an electronic medium was due to the 
interactive nature of the electronic medium and the customer's 
advertisers' demands.
    During the reconsideration investigation, the Department contacted 
a previously-unidentified customer of the subject firm and was informed 
that this customer did not award the subject firm the contract for 
printing its 2008 catalogue of products. Although the customer did 
consider awarding the contract to a Chinese company, the contract was 
awarded to a domestic company.
    During the reconsideration investigation, the Department obtained 
information regarding the printing industry in general. The information 
indicates that the rise of the digital media--and the attending changes 
in technology (such as new equipment and computer programs), operating 
procedures (like ``on demand'' or ``short run'' printing), and 
customers' demands (including access to Internet links and ``pop up'' 
advertisements)--is the major factor in the decline in the printing 
industry. The fast-paced changes in this industry brought about by the 
ever-changing nature of the digital media, compounded by aging 
infrastructure and the higher postage costs, have contributed to the 
closure of companies unable to adapt to the changing environment.
    Based on findings in the initial investigation and the 
reconsideration investigation, the Department determines that increased 
imports did not contribute importantly to the subject workers' 
separations and subject firm sales/production declines. Therefore, the 
Department affirms that Section 222(a)(2)(A)(C) has not been met.
    In order for the Department to issue a certification of eligibility 
to apply for Alternative Trade Adjustment Assistance (ATAA), the 
subject worker group must be certified eligible to apply for Trade 
Adjustment Assistance (TAA). Since the subject workers are denied 
eligibility to apply for TAA, the workers cannot be certified eligible 
for ATAA.

Conclusion

    After careful reconsideration, I affirm the original notice of 
negative determination of eligibility to apply for worker adjustment 
assistance for workers and former workers of Canterbury Printing 
Company of Rome Incorporated, Rome, New York.

    Signed at Washington, DC this 27th day of October 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-26537 Filed 11-6-08; 8:45 am]
BILLING CODE 4510-FN-P