[Federal Register Volume 74, Number 145 (Thursday, July 30, 2009)]
[Notices]
[Pages 38048-38049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18182]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,725]


Weather Shield Manufacturing, Inc., Corporate Office, Medford, 
WI; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated May 26, 2009, the petitioners requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
Weather Shield Manufacturing, Inc., Corporate Office, Medford, 
Wisconsin (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 June 2, 2009, and published in the 
Federal Register on June 18, 2009 (74 FR 28956).
    The initial investigation revealed that workers of the subject firm 
are engaged in support functions such as administrative, human 
resources, accounting, sales, and marketing operations. It was also 
revealed that the workers of the subject firm support production of 
windows at various Weather Shield Manufacturing facilities. The 
investigation resulted in a negative determination that was based on 
the finding that imports of windows did not contribute importantly to 
worker separations at the subject facility and there was no shift of 
production to a foreign country. The ``contributed importantly'' test 
is generally demonstrated through a survey of the workers' firm's 
declining domestic customers. The survey of the major declining 
customers revealed negligible imports of windows in 2008 compared with 
2007. The subject firm did not import windows during the relevant 
period.
    A careful review of previously-submitted material shows that one of 
the facilities supported by workers of the Weather Shield 
Manufacturing, Inc., Corporate Office in Milford, Wisconsin produced 
doors. During the reconsideration investigation, the Department 
conducted additional customer survey regarding purchases of doors 
(including like or directly competitive articles) during 2007 and 2008. 
Based on the information obtain through the survey, the Department 
determined no imports of doors during the relevant period.
    The petitioner also alleges that the competitor of the subject firm 
has been certified for TAA during August 2008 and therefore workers of 
the subject firm should be also certified for TAA.
    The impact of competitors on the subject firm is revealed in an 
investigation through customer survey analysis. In the case at hand, 
the Department solicited information from the customers of the subject 
firm to determine if customers purchased imported windows and doors 
during 2007 and 2008. The survey is intended to determine if competitor 
imports contributed importantly to layoffs at the subject firm. The 
survey revealed that imports of windows and doors were negligible 
during the relevant period.
    The investigation also revealed the subject firm did not import 
windows and doors nor was there a shift in production of windows and 
doors from subject firm abroad during the relevant period. Furthermore, 
U.S. aggregate imports of windows and doors declined from 2007 to 2008.
    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

[[Page 38049]]

worker adjustment assistance for workers and former workers of Weather 
Shield Manufacturing, Inc., Corporate Office, Medford, Wisconsin.

    Signed at Washington, DC, this 14th day of July 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-18182 Filed 7-29-09; 8:45 am]
BILLING CODE 4510-FN-P