[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Notices]
[Pages 67910-67911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30250]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,784]


Oval International, Hoquiam, WA; Notice of Negative Determination 
on Reconsideration

    On September 29, 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 October 20, 2009 (74 FR 53763).
    The initial investigation resulted in a negative determination 
based on the finding that imports of pulp bale strapping machines and 
spare parts did not contribute importantly to worker separations at the 
subject firm and no shift of production to a foreign source occurred. 
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 no imports of pulp 
bale strapping machines and spare parts 2007, 2008 and January through 
March 2009. The subject firm reported declining imports of pulp bale 
strapping machines and spare parts during the relevant period.
    In the request for reconsideration, the petitioner stated that 
workers of the subject firm were previously certified eligible for 
Trade Adjustment Assistance (TAA) based on a shift in production to 
Canada and other offshore locations. The petitioner further stated that 
since the production shift, workers of the subject firm ``mainly dealt 
with sales, service, production and distribution of spare parts.'' The 
petitioner also alleged that the company continued shifting production 
of spare parts abroad and that imports of spare parts increased.
    When assessing eligibility for TAA, the Department exclusively 
considers shift in production and import impact during the relevant 
period (from one year prior to the date of the petition). The 
Department of Labor contacted a company official to verify whether Oval 
International shifted production of spare

[[Page 67911]]

parts from the subject facility abroad during the relevant period. The 
company official stated that the subject firm did not shift production 
of spare parts abroad in 2008 or 2009.
    Furthermore, the investigation revealed that neither the subject 
firm nor its customers increased imports of pulp bale strapping 
machines and spare parts 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 Oval International, Hoquiam, 
Washington.

    Signed at Washington, DC, this 10th day of December 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-30250 Filed 12-18-09; 8:45 am]
BILLING CODE 4510-FN-P