[Federal Register Volume 79, Number 18 (Tuesday, January 28, 2014)]
[Notices]
[Page 4499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01541]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-83,154]


Polyone Designed Structures and Solutions LLC, a Subsidiary of 
Polyone Corporation, Donora, Pennsylvania; Notice of Affirmative 
Determination Regarding Application for Reconsideration

    By application dated December 2, 2013, Teamsters Local No. 205 
requested administrative reconsideration of the negative determination 
regarding workers' eligibility to apply for Trade Adjustment Assistance 
(TAA) applicable to workers and former workers of Polyone Designed 
Structures and Solutions LLC, a subsidiary of Polyone Corporation, 
Donora, Pennsylvania (subject firm). The determination was issued on 
November 5, 2013. The Department's Notice of determination was 
published in the Federal Register on November 26, 2013 (78 FR 70581-
70583). Workers at the subject firm were engaged in activities related 
to the production of color additives and inks.
    The negative determination was based on the Department's findings 
that with respect to Section 222(a)(2)(A)(ii) of the Act, imports of 
articles like or directly competitive with color additives and inks 
have not increased in 2011, 2012 or during the period of January 
through September 2013.
    With respect to Section 222(a)(2)(B) of the Act, the investigation 
revealed that the firm has not shifted the production of articles like 
or directly competitive with color additives and inks to a foreign 
country or acquired like or directly competitive articles from a 
foreign country. Rather, the investigation confirmed that production is 
being shifted from the Donora, Pennsylvania facility to other 
facilities within the United States.
    With respect to Section 222(b)(2) of the Act, the investigation 
revealed that the firm is not 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).
    Finally, the group eligibility requirements under Section 222(e) of 
the Act have not been satisfied because the workers' firm has not been 
publicly identified by name by the International Trade Commission as a 
member of a domestic industry in an investigation resulting in an 
affirmative finding of serious injury, market disruption, or material 
injury, or threat thereof.
    The request for reconsideration alleges that there is ``additional 
evidence of the anticipated shift/transfer of equipment and operations 
to a foreign country''. The request for reconsideration also alleges 
that production has shifted to Mexico and China. The request for 
reconsideration also includes additional attachments, including 
documentation of products that are allegedly produced in Mexico.
    The Department has carefully reviewed the request for 
reconsideration and the existing record, and will conduct further 
investigation to determine if the workers meet the eligibility 
requirements of the Trade Act of 1974, as amended.

Conclusion

    After careful review of the application, I conclude that the claim 
is of sufficient weight to justify reconsideration of the U.S. 
Department of Labor's prior decision. The application is, therefore, 
granted.

    Signed at Washington, DC, this 10th day of January, 2014.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-01541 Filed 1-27-14; 8:45 am]
BILLING CODE 4510-FN-P