[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Notices]
[Pages 66778-66779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26497]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-81,387]


Eastman Kodak Company, IPS--Dayton Location, Including On-Site 
Leased Workers From Adecco, Dayton, Ohio; Notice of Negative 
Determination on Reconsideration

    On March 2, 2012, the Department of Labor (Department) initiated an 
investigation in response to a Trade Adjustment Assistance (TAA) 
petition filed on behalf of workers and former workers of Eastman Kodak 
Company, IPS-Dayton Location, including on-site leased workers from 
Adecco, Dayton, Ohio (hereafter referred to as ``Eastman Kodak-IPS-
Dayton''). On May 18, 2012, the Department denied the petition for 
group eligibility to apply for TAA. The Department's Notice of negative 
determination was published in the Federal Register on June 6, 2012 (77 
FR 33494).
    On August 1, 2012, the Department issued a Notice of Affirmative 
Determination Regarding Application for Reconsideration, applicable to 
Eastman Kodak-IPS-Dayton. The Department's Notice of affirmative 
determination was published in the Federal Register on August 14, 2012 
(77 FR 48549).
    On March 19, 2013, the Department issued a Notice of Termination of 
Reconsideration Investigation to workers and former workers of Eastman 
Kodak-IPS-Dayton (TA-W-81,387) which stated that the worker group on 
whose behalf the request for reconsideration was filed is eligible to 
apply for TAA under the amended certification for TA-W-74,813A. The 
Department's Notice of termination of reconsideration investigation was 
published in the Federal Register on April 9, 2013 (78 FR 21155).
    On June 21, 2013, the Department issued a Notice of Termination of 
Certification applicable to workers and former workers eligible to 
apply for TAA under TA-W-74,813A. The Department's Notice of 
Termination of Certification was published in the Federal Register on 
July 5, 2013 (78 FR 40507). In the Notice of Termination of 
Certification, the Department stated that the reconsideration 
investigation of TA-W-81,387 would be re-opened and a determination on 
reconsideration would be issued accordingly.
    During the re-opened reconsideration investigation, the Department 
contacted the workers who filed the initial petition for information 
and received additional information from one of the petitioners.
    The petition alleges that production of printers shifted from the 
Dayton, Ohio facility to a foreign country. In an attachment to the 
petition, the petitioners state that ``a few years back our facility . 
. . shipped the manufacture of . . . fluid systems and controllers to . 
. . China''; that ``in 2010 a large portion of the print head 
refurbishment for the 4'' (four inch) product line was shipped to . . . 
China''; that ``all of the printed circuit board production and testing 
was moved to China''; that a ``portion of the new product under 
development (Stream) was moved to Mexico for manufacture'' in 2011; 
that people from Malaysia spent months in the fall of 2011 ``to learn 
the processes of manufacture so equipment can be sent to their facility 
in Malaysia''; and that ``production of the new Stream product is to be 
done in Malaysia.''
    During the re-opened reconsideration investigation, a former worker 
stated that separations at the Dayton, Ohio facility were due to the 
shift in production to China and/or Mexico; that production of 
``legacy'' products were shifted to a facility in China that builds 
cameras and desktop printers; that the shift of production to China 
also resulted in reduced need for ``testing and repair of new build 
circuit boards and electronic assembly''; that production of ink jet 
print systems and the ``Four Inch'' product line were shifted to China; 
and that, in April 2012, three of the remaining workers were separated 
``because the remaining repair work was shifted to a third party 
company in the Dayton area.''
    During the re-opened reconsideration investigation, the Department 
obtained updated information from Eastman Kodak Company regarding 
operations at the Dayton, Ohio facility and responses to the afore-
mentioned allegations.
    Based on information obtained during the re-opened reconsideration 
investigation, the Department determines that while there was some 
production shift abroad in 2006 to 2008, no such shift occurred in 2012 
and 2013, and that the shift which occurred during 2006 to 2008 did not 
contribute to worker separations at the Dayton, Ohio facility in 2012 
and 2013.
    Rather, information obtained during the reconsideration 
investigation confirmed that worker separations at the Dayton, Ohio 
facility in 2012 and 2013 have been part of bankruptcy-related 
activities, including restructuring and domestic outsourcing of some 
services, and have not resulted in a shift of production abroad.

[[Page 66779]]

Conclusion

    After careful review of previously-submitted information and 
information obtained during the reconsideration investigation, I affirm 
that the requirements of the Act, 19 U.S.C. 2272, have not been met 
and, therefore, affirm the denial of the petition for group eligibility 
for Eastman Kodak Company, IPS-Dayton Location, Dayton, Ohio, to apply 
for adjustment assistance, in accordance with Section 223 of the Act, 
19 U.S.C., 2273.

    Signed in Washington, DC, this 23rd day of October, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-26497 Filed 11-5-13; 8:45 am]
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