[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Pages 10621-10622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5176]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,020]


American Multimedia, Inc., Burlington, NC; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated January 6, 2009, a worker requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
American Multimedia, Inc., Burlington, North Carolina (subject firm) to 
apply for Trade Adjustment Assistance (TAA) and Alternative Trade 
Adjustment Assistance (ATAA). The Department's Notice of Affirmative 
Determination Regarding Application for Reconsideration was signed on 
January 9, 2009, and published in the Federal Register on January 15, 
2009 (74 FR 2632).
    The initial determination was based on the Department's findings 
that imports of replicated media (CDs, VHS tapes, DVDs, and cassette 
tapes) did not contribute importantly to worker separations at the 
subject firm and that no shift of production to a foreign country 
occurred.
    In the request for reconsideration, the worker provided additional 
information regarding the customers of the subject firm and alleges 
that the customers might have increased imports of CDs, VHS tapes, 
DVDs, and cassette tapes.
    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.

    A careful review of previously-submitted information revealed that 
neither the subject firm nor its major declining customers imported 
CDs, VHS tapes, DVDs, and cassette tapes.
    During the reconsideration investigation, the Department conducted 
a survey of the customers identified in the request for reconsideration 
regarding their purchases of CDs, VHS tapes, DVDs, and cassette tapes 
(including like or directly competitive articles) during 2006, 2007, 
and 2008. Based on the information provided by the respondents, the 
Department determines that none of the customers increased their 
imports while decreasing their purchases from the subject firm during 
the relevant period.
    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.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the subject worker group must be certified eligible 
to apply for 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 American Multimedia, Inc., 
Burlington, North Carolina.


[[Page 10622]]


    Signed at Washington, DC, this 3rd day of March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-5176 Filed 3-10-09; 8:45 am]
BILLING CODE 4510-FN-P