[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Page 23218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11428]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,947]


Philip Morris USA, Cabarrus Manufacturing Plant, a Subsidiary of 
Altria Group, Inc., Concord, NC; Notice of Negative Determination on 
Reconsideration

    On March 16, 2009, 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 March 31, 2009 (74 FR 14593).
    The initial investigation resulted in a negative determination 
based on the finding that imports of cigarettes did not contribute 
importantly to worker separations at the subject firm and no shift of 
production to a foreign source occurred.
    In the request for reconsideration, the petitioner alleged that the 
subject firm shifted production of cigarettes to Colombia, Dominican 
Republic, Ecuador, El Salvador, and Mexico.
    The Department of Labor contacted a company official to verify this 
information. The company official stated that the subject firm did not 
shift production of cigarettes abroad during the relevant period. 
Furthermore, the company official clarified that the subject firm 
manufactured cigarettes for export to an unaffiliated customer until 
December 2008. The investigation also revealed that the subject firm 
ended their manufacturing agreement with this customer and that the 
customer might manufacture cigarettes for foreign markets in the 
countries as indicated by the petitioner above.
    The fact that subject firm's customer might have shifted its 
production abroad is not relevant to this investigation. According to 
section (a)(2)(B) of the Trade Act, in order to be eligible for TAA on 
the basis of a shift in production abroad, the shift in production must 
be implemented by the subject firm or its subdivision.
    Furthermore, the investigation revealed that neither the subject 
firm nor its customers increased imports of cigarettes 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 Philip Morris USA, Cabarrus 
Manufacturing Plant, a subsidiary of Altria Group Inc., Concord, North 
Carolina.

    Signed at Washington, DC, this 4th day of May 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-11428 Filed 5-15-09; 8:45 am]
BILLING CODE 4510-FN-P