[Federal Register Volume 74, Number 169 (Wednesday, September 2, 2009)]
[Notices]
[Pages 45473-45475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21156]


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DEPARTMENT OF LABOR

Employment and Training Administration


Notice of Determinations Regarding Eligibility To Apply for 
Worker Adjustment Assistance and Alternative Trade Adjustment 
Assistance

    In accordance with Section 223 of the Trade Act of 1974, as amended 
(19 U.S.C. 2273) the Department of Labor herein presents summaries of 
determinations regarding eligibility to apply for trade adjustment 
assistance for workers (TA-W) number and alternative trade adjustment 
assistance (ATAA) by (TA-W) number issued during the period of July 27 
through August 14, 2009.
    In order for an affirmative determination to be made for workers of 
a primary firm and a certification issued regarding eligibility to 
apply for worker adjustment assistance, each of the group eligibility 
requirements of Section 222(a) of the Act must be met.
    I. Section (a)(2)(A) all of the following must be satisfied:
    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;
    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; or
    II. Section (a)(2)(B) both of the following must be satisfied:
    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;
    B. There has been a shift in production by such workers' firm or 
subdivision to a foreign country of articles like or directly 
competitive with articles which are produced by such firm or 
subdivision; and
    C. One of the following must be satisfied:
    1. The country to which the workers' firm has shifted production of 
the articles is a party to a free trade agreement with the United 
States;
    2. The country to which the workers' firm has shifted production of 
the articles to a beneficiary country under the Andean Trade Preference 
Act, African Growth and Opportunity Act, or the Caribbean Basin 
Economic Recovery Act; or
    3. There has been or is likely to be an increase in imports of 
articles that are like or directly competitive with articles which are 
or were produced by such firm or subdivision.
    Also, in order for an affirmative determination to be made for 
secondarily affected workers of a firm and a certification issued 
regarding eligibility to apply for worker adjustment assistance, each 
of the group eligibility requirements of Section 222(b) of the Act must 
be met.
    (1) Significant number or proportion of the workers in the workers' 
firm or an appropriate subdivision of the firm have become totally or 
partially separated, or are threatened to become totally or partially 
separated;
    (2) The workers' firm (or subdivision) is a supplier or downstream 
producer to a firm (or subdivision) that employed a group of workers 
who received a certification of eligibility to apply for trade 
adjustment assistance benefits and such supply or production is related 
to the article that was the basis for such certification; and

[[Page 45474]]

    (3) Either--
    (A) The workers' firm is a supplier and the component parts it 
supplied for the firm (or subdivision) described in paragraph (2) 
accounted for at least 20 percent of the production or sales of the 
workers' firm; or
    (B) A loss or business by the workers' firm with the firm (or 
subdivision) described in paragraph (2) contributed importantly to the 
workers' separation or threat of separation.
    In order for the Division of Trade Adjustment Assistance to issue a 
certification of eligibility to apply for Alternative Trade Adjustment 
Assistance (ATAA) for older workers, the group eligibility requirements 
of Section 246(a)(3)(A)(ii) of the Trade Act must be met.
    1. Whether a significant number of workers in the workers' firm are 
50 years of age or older.
    2. Whether the workers in the workers' firm possess skills that are 
not easily transferable.
    3. The competitive conditions within the workers' industry (i.e., 
conditions within the industry are adverse).

Affirmative Determinations for Worker Adjustment Assistance

    The following certifications have been issued. The date following 
the company name and location of each determination references the 
impact date for all workers of such determination.
    The following certifications have been issued. The requirements of 
Section 222(a)(2)(A) (increased imports) of the Trade Act have been 
met.

None.

    The following certifications have been issued. The requirements of 
Section 222(a)(2)(B) (shift in production) of the Trade Act have been 
met.

None.

    The following certifications have been issued. The requirements of 
Section 222(b) (supplier to a firm whose workers are certified eligible 
to apply for TAA) of the Trade Act have been met.

None.

    The following certifications have been issued. The requirements of 
Section 222(b) (downstream producer for a firm whose workers are 
certified eligible to apply for TAA based on increased imports from or 
a shift in production to Mexico or Canada) of the Trade Act have been 
met.

None.

Affirmative Determinations for Worker Adjustment Assistance and 
Alternative Trade Adjustment Assistance

    The following certifications have been issued. The date following 
the company name and location of each determination references the 
impact date for all workers of such determination.
    The following certifications have been issued. The requirements of 
Section 222(a)(2)(A) (increased imports) and Section 246(a)(3)(A)(ii) 
of the Trade Act have been met.

TA-W-65,683; Freeport--McMoran, Inc., Morenci, AZ: March 23, 2008.

    The following certifications have been issued. The requirements of 
Section 222(a)(2)(B) (shift in production) and Section 246(a)(3)(A)(ii) 
of the Trade Act have been met.

TA-W-65,577; Behr Dayton Thermal Products, a Subsidiary of Behr 
America, Dayton, OH: March 11, 2008.
TA-W-65,808A; Qimonda North America, Cary Burlington Division, 
Williston, VT: April 15, 2008.
TA-W-65,808B; Qimonda North America, Houston Division, Houston, TX: 
April 15, 2008.
TA-W-65,808C; Qimonda North America, Austin Division, Austin, TX: April 
15, 2008.
TA-W-65,808; Qimonda North America, San Jose Division, San Jose, CA: 
April 15, 2008.

    The following certifications have been issued. The requirements of 
Section 222(b) (supplier to a firm whose workers are certified eligible 
to apply for TAA) and Section 246(a)(3)(A)(ii) of the Trade Act have 
been met.

TA-W-65,402; Ideal Products, LLC, Brown Falls, CT: February 25, 2008.

    The following certifications have been issued. The requirements of 
Section 222(b) (downstream producer for a firm whose workers are 
certified eligible to apply for TAA based on increased imports from or 
a shift in production to Mexico or Canada) and Section 246(a)(3)(A)(ii) 
of the Trade Act have been met.

None.

Negative Determinations for Alternative Trade Adjustment Assistance

    In the following cases, it has been determined that the 
requirements of 246(a)(3)(A)(ii) have not been met for the reasons 
specified.
    The Department has determined that criterion (1) of Section 246 has 
not been met. The firm does not have a significant number of workers 50 
years of age or older.

None.

    The Department has determined that criterion (2) of Section 246 has 
not been met. Workers at the firm possess skills that are easily 
transferable.

None.

    The Department has determined that criterion (3) of Section 246 has 
not been met. Competition conditions within the workers' industry are 
not adverse.

None.

Negative Determinations for Worker Adjustment Assistance and 
Alternative Trade Adjustment Assistance

    In the following cases, the investigation revealed that the 
eligibility criteria for worker adjustment assistance have not been met 
for the reasons specified.
    Because the workers of the firm are not eligible to apply for TAA, 
the workers cannot be certified eligible for ATAA.
    The investigation revealed that criteria (a)(2)(A)(I.A.) and 
(a)(2)(B)(II.A.) (employment decline) have not been met.

None.

    The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or 
production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in 
production to a foreign country) have not been met.

None.

    The investigation revealed that criteria (a)(2)(A)(I.C.) (increased 
imports) and (a)(2)(B)(II.B.) (shift in production to a foreign 
country) have not been met.

TA-W-65,634; Northern Engraving Corporation, Spring Grove, MN.
TA-W-65,720; Roseburg Forest Products, Plywood Division, Riddle Plywood 
#4, Riddle, OR.
TA-W-65,784; Oval International, Hoquiam, WA.
TA-W-65,883; Muth Mirror Systems, Sheboygan, WI.

    The workers' firm does not produce an article as required for 
certification under Section 222 of the Trade Act of 1974.

None.

    The investigation revealed that criteria of Section 222(b)(2) has 
not been met. The workers' firm (or subdivision) is not a supplier to 
or a downstream producer for a firm whose workers were certified 
eligible to apply for TAA.

None.

    I hereby certify that the aforementioned determinations were issued 
during the period of July 27 through August 14, 2009. Copies of these 
determinations are available for

[[Page 45475]]

inspection in Room N-5428, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210 during normal business hours or will 
be mailed to persons who write to the above address.

    Dated: August 18, 2009.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-21156 Filed 9-1-09; 8:45 am]
BILLING CODE 4510-FN-P