[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Notices]
[Pages 14103-14104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5930]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-73,145]


The Jewelry Stream; Los Angeles, CA, Notice of Negative 
Determination on Reconsideration

    On November 10, 2010, the Department of Labor (Department) issued 
an Affirmative Determination Regarding Application for Reconsideration 
for the workers and former workers of The Jewelry Stream, Los Angeles, 
California. On November 23, 2010, the Department's Notice of 
determination was published in the Federal Register (75 FR 71455). 
Workers of The Jewelry Stream are engaged in employment related to the 
production of jewelry.
    Pursuant to 29 CFR 90.18(c), reconsideration may be granted under 
the following circumstances:
    (1) If it appears on the basis of facts not previously considered 
that the determination complained of was erroneous;
    (2) If it appears that the determination complained of was based on 
a mistake in the determination of facts not previously considered; or
    (3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The termination of investigation (issued on August 20, 2010) was 
based on information obtained during the initial investigation that the 
firm identified in the Trade Adjustment Assistance (TAA) petition (``M 
& L Manufacturing, Inc./The Jewelry Stream, 2520 W. 6th Street, Los 
Angeles, California'') is not one firm but are separate, unaffiliated 
companies. Therefore, the Department determined that the petition is 
invalid.
    In request for reconsideration, state workforce official stated 
that the individual on whose behalf the TAA petition was filed believed 
that the aforementioned companies are one firm. In support of the 
request for reconsideration, the state workforce official supplied new 
and additional information provided by the individual who sought 
assistance from the state workforce official (``I started to work for M 
& L Manufacturing, Inc. on August of 1990, but for some reason and 
without notification I started to receive my checks in 2005 under the 
name of The Jewelry Stream * * * I was under the impression that I had 
worked for the same company from 1990 to 2008.'')
    During the reconsideration investigation, the Department received 
information from the individual on whose behalf the TAA petition was 
filed regarding his former employer. The individual states that he was 
not separated from M & L Manufacturing, Inc., but separated from The 
Jewelry Stream on December 18, 2008. Therefore, the Department 
determines that the subject worker group consists of workers and former 
workers of The Jewelry Stream, Los Angeles, California.
    Workers of a firm may be eligible to apply for worker adjustment 
assistance if they satisfy the criteria of subsection (a), (c) or (f) 
of Section 222 of the Act, 19 U.S.C. 2272(a), (c), (f). For the 
Department of Labor to issue a certification for workers under Section 
222(a) of the Act, 19 U.S.C. 2272(a), the following three criteria must 
be met:

    I. The first criterion (set forth in Section 222(a)(1) of the 
Act, 19 U.S.C. 2282(a)(1)) requires that a significant number or 
proportion of the workers in the workers' firm must have become 
totally or partially separated or be threatened with total or 
partial separation.

[[Page 14104]]

    II. The second criterion (set forth in Section 222(a)(2) of the 
Act, 19 U.S.C. 2272(a)(2)) may be satisfied in one of two ways:
    (A) Increased Imports Path:
    (i) sales or production, or both, at the workers' firm must have 
decreased absolutely, AND
    (ii) (I) imports of articles or services like or directly 
competitive with articles or services produced or supplied by the 
workers' firm have increased, OR
    (II)(aa) imports of articles like or directly competitive with 
articles into which the component part produced by the workers' firm 
was directly incorporated have increased; OR
    (II)(bb) imports of articles like or directly competitive with 
articles which are produced directly using the services supplied by 
the workers' firm have increased; OR
    (III) imports of articles directly incorporating component parts 
not produced in the U.S. that are like or directly competitive with 
the article into which the component part produced by the workers' 
firm was directly incorporated have increased.
    (B) Shift in Production or Supply Path:
    (i)(I) there has been a shift by the workers' firm to a foreign 
country in the production of articles or supply of services like or 
directly competitive with those produced/supplied by the workers' 
firm; OR
    (i)(II) there has been an acquisition from a foreign country by 
the workers' firm of articles/services that are like or directly 
competitive with those produced/supplied by the workers' firm.
    III. The third criterion requires that the increase in imports 
or shift/acquisition must have contributed importantly to the 
workers' separation or threat of separation. See Sections 
222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act, 19 U.S.C. 
2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).

    Section 222(d) of the Act, 19 U.S.C. 2272(d), defines the terms 
``Supplier'' and ``Downstream Producer.'' For the Department to issue a 
secondary worker certification under Section 222(c) of the Act, 19 
U.S.C. 2272(c), to workers of a Supplier or a Downstream Producer, the 
following criteria must be met:

    (1) a 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 is a Supplier or Downstream Producer to a 
firm that employed a group of workers who received a certification 
of eligibility under Section 222(a) of the Act, 19 U.S.C. 2272(a), 
and such supply or production is related to the article or service 
that was the basis for such certification; and
    (3) either
    (A) the workers' firm is a supplier and the component parts it 
supplied to the firm described in paragraph (2) accounted for at 
least 20 percent of the production or sales of the workers' firm; or
    (B) a loss of business by the workers' firm with the firm 
described in paragraph (2) contributed importantly to the workers' 
separation or threat of separation.

    Workers of a firm may also be considered eligible to apply for 
worker adjustment assistance if they are publicly identified by name by 
the International Trade Commission as a member of a domestic industry 
in an investigation resulting in a category of determination that is 
listed in Section 222(f) of the Act, 19 U.S.C. 2272(f).
    The group eligibility requirements for workers of a firm under 
Section 222(f) of the Act, 19 U.S.C. 2272(f), can be satisfied if the 
following criteria are met:

    (1) the workers' firm is publicly identified by name by the 
International Trade Commission as a member of a domestic industry in 
an investigation resulting in--
    (A) an affirmative determination of serious injury or threat 
thereof under section 202(b)(1);
    (B) an affirmative determination of market disruption or threat 
thereof under section 421(b)(1); or
    (C) an affirmative final determination of material injury or 
threat thereof under section 705(b)(1)(A) or 735(b)(1)(A) of the 
Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
    (2) the petition is filed during the 1-year period beginning on 
the date on which--
    (A) a summary of the report submitted to the President by the 
International Trade Commission under section 202(f)(1) with respect 
to the affirmative determination described in paragraph (1)(A) is 
published in the Federal Register under section 202(f)(3); or
    (B) notice of an affirmative determination described in 
subparagraph (1) is published in the Federal Register; and
    (3) the workers have become totally or partially separated from 
the workers' firm within--
    (A) the 1-year period described in paragraph (2); or
    (B) notwithstanding section 223(b)(1), the 1-year period 
preceding the 1-year period described in paragraph (2).

    Information obtained during the initial investigation confirmed 
that Criterion II has not been met because The Jewelry Stream did not 
shift to a foreign country the production of articles like or directly 
competitive with jewelry produced by the subject worker group and, 
during the relevant period, did not increase imports of articles like 
or directly competitive with jewelry produced by the subject worker 
group. As such, the subject workers have not met the criteria set forth 
in Section 222(a).
    Moreover, The Jewelry Stream did not produce a component part that 
was used by a firm that both employed a worker group eligible to apply 
for TAA and directly incorporated the component part in the production 
of an article or supply of a service that was the basis for the TAA 
certification. As such, the subject workers have not met the criteria 
set forth in Section 222(c).
    Further, The Jewelry Stream has not been identified by name in an 
affirmative finding of injury by the International Trade Commission. As 
such, the subject workers have not met the criteria set forth in 
Section 222(f).

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 Jewelry Stream, Los Angeles, 
California.

    Signed in Washington, DC, on this 14th day of February 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-5930 Filed 3-14-11; 8:45 am]
BILLING CODE 4510-FN-P