[Federal Register Volume 74, Number 45 (Tuesday, March 10, 2009)]
[Notices]
[Pages 10303-10304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5042]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,190]


Hafner USA, Inc., New York, NY; Notice of Negative Determination 
on Reconsideration

    On January 13, 2009, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration of the negative 
determination regarding workers' eligibility to apply for Trade 
Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance 
(ATAA) applicable to workers and former workers of Hafner USA, Inc., 
New York, New York (subject firm). The Department's Notice was 
published in the Federal Register on January 26, 2009 (74 FR 4460).
    The initial determination was based on the Department's findings 
that the subject worker group does not support a firm or appropriate 
subdivision that produces an article domestically.
    In order to apply for TAA based on increased imports, the subject 
worker group must meet the group eligibility requirements under Section 
222(a) of the Trade Act of 1974, as amended. Under Section 
222(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.

    29 CFR 90.2 states that a group means ``three or more workers in a 
firm or an appropriate subdivision thereof'' and that a significant 
number or proportion of the workers means ``at least three workers in a 
firm (or appropriate subdivision thereof) with a work force

[[Page 10304]]

of fewer than 50 workers.'' The regulation also states that ``increased 
imports means that imports have increased either absolutely or relative 
to domestic production compared to a representative base period. The 
representative base period shall be one year consisting of the four 
quarters immediately preceding the date which is twelve months prior to 
the date of the petition.''
    Because the petition date is October 3, 2008, the relevant period 
(the twelve months prior to the date of the petition) is October 2007 
through September 2008 and the representative base period is October 
2006 through September 2007.
    The Department has carefully reviewed information submitted during 
the initial and reconsideration investigations. The Department 
determines that the petition did not cover a valid worker group (the 
group consisted of only two workers at the subject firm) and that, 
during relevant period, less that three workers were separated or were 
threatened with separation from the subject firm.
    Based on the information above, the Department determines that the 
group eligibility requirements under Section 222(a) of the Trade Act of 
1974, as amended, were not met.
    Even if there was a valid worker group and the worker separation 
threshold was met, the Department would not have issued a certification 
applicable to the subject worker group.
    During the reconsideration investigation, the Department confirmed 
that the subject firm ceased production in the United States in 2005. 
The North Carolina facility identified in the request for 
reconsideration was a marketing office. The Virginia facility 
identified in the request for reconsideration (Hafner LLC, a subsidiary 
of Hafner, Inc., Gordonsville, Virginia) was certified on May 16, 2005 
(TA-W-57,119) based on a shift of production to Canada.
    Because there was no domestic production during the relevant 
period, the Department determines that there was no domestic production 
that increased imports could have impacted. Further, the Department 
determines that there was no shift of production to a foreign country 
during the relevant period.
    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 reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Hafner USA, Inc., New York, New York.

    Signed at Washington, DC, this 24th day of February 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E9-5042 Filed 3-9-09; 8:45 am]
BILLING CODE 4510-FN-P