[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Notices]
[Page 17224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8412]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,452]


Kensington Windows, Inc., a Subsidiary of Jancor Companies, Inc., 
Vandergrift, PA; Notice of Negative Determination Regarding Application 
for Reconsideration

    By application dated February 27, 2009, the International Union of 
Electronic, Electrical, Salaried, Machine and Furniture Workers (IUE), 
Local 188643 requested administrative reconsideration of the 
Department's negative determination regarding eligibility for workers 
and former workers of Kensington Windows, Inc., a subsidiary of Jancor 
Companies, Inc., Vandergrift, Pennsylvania (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 March 12, 2009, 
and published in the Federal Register on March 23, 2009 (74 FR 12151).
    The initial determination was based on the Department's findings 
that imports of vinyl replacement windows and doors 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 petitioner alleges that the 
workers of the subject firm were negatively impacted by foreign imports 
and requested the Department of Labor conduct an in depth analysis of 
the customer surveys.
    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.

    During the reconsideration investigation, the Department conducted 
a more detailed survey of additional customers regarding their 
purchases of vinyl replacement windows and doors (including like or 
directly competitive articles) during 2006, 2007, January through 
November 2007 and January through November 2008. Based on the 
information provided by the major declining customers, the Department 
determined that none of the customers imported vinyl replacement 
windows and doors 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 Kensington Windows, Inc., a 
subsidiary of Jancor Companies, Inc., Vandergrift, Pennsylvania.

    Signed at Washington, DC, this 3rd day of April 2009.
 Elliott S. Kushner,
 Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-8412 Filed 4-13-09; 8:45 am]
BILLING CODE 4510-FN-P