[Federal Register Volume 74, Number 29 (Friday, February 13, 2009)]
[Notices]
[Pages 7268-7269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3033]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,904]


Nestaway, LLC, Garfield Heights, OH; Notice of Negative 
Determination on Reconsideration

    On December 10, 2008, 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 December 18, 2008 (73 FR 77064).
    The initial investigation resulted in a negative determination 
based on the finding that imports of dishwasher rack components did not 
contribute importantly to worker separations at the subject firm and no 
shift of production to a foreign source occurred.
    The petitioner alleged that the workers of the subject firm 
manufactured not only dishwasher rack components but also vending 
machine trays and surgical baskets for specific customers. The 
petitioner provided the names of these customers.
    A company official was contacted to verify the above allegation. 
The company official stated that the subject firm did not manufacture 
vending machine trays and surgical baskets during the relevant period 
(since August 19, 2007, twelve months prior to the date of the 
petition).
    The company official confirmed that during the initial 
investigation, the subject firm supplied the Department with a complete 
list of all customers, who purchased products from the subject firm in 
2006, 2007 and January through August 2008. The investigation revealed 
a major declining customer, representing nearly all of the subject 
firm's total sales, did not import wire dishrack components and service 
racks during 2006, 2007 and during the January through August 2008 
period.
    The petitioner also alleged that the parent company of Nestaway and 
several subject firm's customers had been certified eligible for TAA.

[[Page 7269]]

    Whether the subject firm's customers are under current TAA 
certification is relevant to a determination of whether subject firm 
workers are eligible for TAA based on the subject firm being a 
secondary upstream supplier of a trade certified primary firm. For 
certification on the basis of the workers' firm being a secondary 
upstream supplier, the subject firm must produce component parts of an 
article that was the basis for a TAA certification of a customer during 
the relevant period.
    The Department conducted further review and determined that none of 
the customers of the subject firm was certified eligible for TAA during 
the relevant 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 Nestaway, LLC, Garfield Heights, 
Ohio.

    Signed at Washington, DC, this 30th day of January 2009.
 Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-3033 Filed 2-12-09; 8:45 am]
BILLING CODE 4510-FN-P