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Notice

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

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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 November 24 through November 28, 2008.

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

(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 of 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 Start Printed Page 75137date 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.

TA-W-64,304; American Die Corporation, Chesterfield, MI: October 10, 2007

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-63,880; Cequent Electrical Products, Inc., Tekonsha, MI: August 6, 2007

TA-W-64,255; Hoffman/New Yorker, Inc., Dushore, PA: October 17, 2007

TA-W-64,206; Hutchinson FTS, Inc., Reading, MI: October 9, 2007

TA-W-64,233; Sun Mountain Lumber, Inc., Deer Lodge, MT: October 14, 2007

TA-W-64,319A; McConkey and McConkey Machinery, Englewood, TN: October 28, 2007

TA-W-64,319; Allied Hosiery Mill, Inc., Englewood, TN: October 28, 2007

TA-W-64,153; Hart Schaffner and Marx dba Thorngate, Ltd; A Subsidiary of Hartmarx Corporation, Cape Girardeau, MO: September 30, 2007

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-64,083; American Axle and Manufacturing, Detroit Manufacturing Complex, Detroit, MI: September 16, 2007

TA-W-64,118; Lincoln Brass Works, Inc., dba Mueller Gas Products, Jacksboro, TN: September 25, 2007

TA-W-64,161; Titus Tool Co., Inc., Kent, WA: October 1, 2007

TA-W-64,219; GKN Sinter Metals, Sinter Metals Division, Emporium, PA: October 3, 2007

TA-W-64,229A; Hanesbrand, Inc., Formerly known as Sara Lee Branded Apparel, Forest City, NC: October 5, 2007

TA-W-64,229B; Hanesbrand, Inc., Formerly known as Sara Lee Branded Apparel, Gastonia, NC: October 5, 2007

TA-W-64,229C; Hanesbrand, Inc., Formerly known as Sara Lee Branded Apparel, Rockingham, NC: October 5, 2007

TA-W-64,229; Hanesbrand, Inc., Formerly known as Sara Lee Branded Apparel, Eden, NC: October 5, 2007

TA-W-64,265; Cooper-Crouse-Hinds, Cooper Interconnect Division, LaGrange, NC: October 16, 2007

TA-W-64,276; American Safety Razor Co./Personna; Industrial/Medical Division, Verona, VA: October 23, 2007

TA-W-64,356; Union Apparel, Inc., Norvelt, PA: November 4, 2007

TA-W-64,400; Lincolnton Manufacturing, Inc., A Subsidiary of Century Place, Lincolnton, NC: November 11, 2007

TA-W-64,427A; Worldtex, Inc., Greensboro Corporate Office, Greensboro, NC: November 13, 2007

TA-W-64,427; Worldtex, Inc., Hickory Corporate Office, Hickory, NC: November 13, 2007

TA-W-64,483; Fisher and Company, Inc., Corporate Office, St. Clair Shores, MI: November 19, 2007

TA-W-64,350; Omega Motion, A Subsidiary of Legget and Platt, Inc., Saltillo, MS: November 3, 2007

TA-W-64,261; LexisNexis; Elsevier Dayton IT Division, Miamisburg, OH: October 16, 2007

TA-W-64,266; Katun Corporation, Environmental Business Systems Division, Austin, TX: October 21, 2007

TA-W-64,283; STEC, Inc., Santa Ana, CA: October 22, 2007

TA-W-64,438; Boston Scientific, Interventional Technologies Division, Murrieta, CA: November 12, 2007

TA-W-64,476; Iowa Precision Industries, TDC Division, Cedar Rapids, IA: November 13, 2007

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-64,264; General Motors Corporation, Pittsburgh Metal Center, West Mifflin, PA: October 22, 2007

TA-W-64,399; JC Tec Industries, Annville, KY: November 10, 2007

TA-W-64,419; ATC Panels, Inc., Franklin, VA: November 12, 2007

TA-W-64,456; ILPea, Inc., A Subsidiary of Holm Industries, Fort Smith, AR: October 13, 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.

TA-W-64,304; American Die Corporation, Chesterfield, MI

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.

Start Printed Page 75138

TA-W-64,195; Enefco USA, Inc., Auburn, ME

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-63,981; Prime Tanning Company, Inc., Berwick, ME

TA-W-64,145; Flakeboard America, LLC; Simsboro, LA

TA-W-64,214; KDH Defense Systems, Inc., Carmichaels, PA

TA-W-64,246; BorgWarner Morse Tech, Inc., Transmission Components, Ithaca, NY

TA-W-64,252; Lear Corporation; Seating Systems Division, Wentzville, MO

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

TA-W-64,190; Hafner USA, Inc., New York, NY

TA-W-64,394; Ameriprise Financial, Inc., Service Delivery, Online Documentation, Minneapolis, MN

TA-W-64,473; Magnolia Garment Corporation, Tylertown, MS

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 November 24 through November 28, 2008. Copies of these determinations are available for inspection in Room C-5311, 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.

Start Signature

Dated: December 3, 2008.

Erin FitzGerald,

Director, Division of Trade Adjustment Assistance.

End Signature End Preamble

[FR Doc. E8-29170 Filed 12-9-08; 8:45 am]

BILLING CODE 4510-FN-P