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60764 Federal Register / Vol. 71, No.

199 / Monday, October 16, 2006 / Notices

had expired on May 9, 2005, that in the determination of facts not investigation if determining whether
customer cannot be a basis for previously considered; or workers of the subject firm are eligible
certification of the subject firm as an (3) If in the opinion of the Certifying for TAA based on the secondary
affected secondary upstream supplier. Officer, a misinterpretation of facts or of upstream supplier of trade certified
Further, since Oregon Steel Mills, the law justified reconsideration of the primary firm impact. For certification
Portland, Oregon ceased production in decision. on the basis of the workers’ firm being
May 2003, that customer cannot have The petition for the workers of the a secondary upstream supplier, the
represented a significant portion of the Baxter Corporation, Shelby, North subject firm must produce a component
subject firm’s business during the Carolina engaged in production of part of the article that was the basis for
relevant period. As such, the subject jacquard textile harnesses was denied the customers’ TAA certification.
workers are not eligible for TAA under because the ‘‘contributed importantly’’ In this case, however, the subject firm
secondary impact. group eligibility requirement of section does not act as an upstream supplier,
In order for the Department to issue 222 of the Trade Act of 1974, as because jacquard textile harnesses do
a certification of eligibility to apply for amended, was not met, nor was there a not form a component part of various
ATAA, the subject worker group must shift in production from that firm to a fabrics, yarn and other textile products.
be certified eligible to apply for TAA. foreign country in 2004, 2005 or January Thus the subject firm workers are not
Since the subject workers are denied through July 2006. The ‘‘contributed eligible under secondary impact.
eligibility to apply for TAA, the workers importantly’’ test is generally
demonstrated through a survey of the Conclusion
cannot be certified eligible for ATAA.
workers’ firm’s customers. The survey After review of the application and
Conclusion revealed no imports of jacquard textile investigative findings, I conclude that
After careful reconsideration, I affirm harnesses during the relevant period. there has been no error or
the original notice of negative The subject firm did not import misinterpretation of the law or of the
determination of eligibility to apply for jacquard textile harnesses nor did it facts which would justify
worker adjustment assistance for shift production to a foreign country reconsideration of the Department of
workers and former workers of Ash during the relevant period. Labor’s prior decision. Accordingly, the
Grove Cement Company, Rivergate Lime The petitioner states that the affected application is denied.
Plant, Portland, Oregon. workers lost their jobs as a direct result Signed at Washington, DC, day 5th of
of a loss of customers in the textile October, 2006.
Signed at Washington, DC, this 28th day of industry. The petitioner alleges that
September, 2006. Elliott S. Kushner,
major declining customers of the subject Certifying Officer, Division of Trade
Elliott S. Kushner, firm were negatively impacted by Adjustment Assistance.
Certifying Officer, Division of Trade increased imports of various textiles,
Adjustment Assistance. [FR Doc. E6–17118 Filed 10–13–06; 8:45 am]
thus they decreased their purchases of BILLING CODE 4510–30–P
[FR Doc. E6–17105 Filed 10–13–06; 8:45 am] jacquard textile harnesses from the
BILLING CODE 4510–30–P Baxter Corporation, Shelby, North
Carolina. The petitioner also states that DEPARTMENT OF LABOR
several of the subject firm’s customers
DEPARTMENT OF LABOR were certified eligible for TAA based on Employment and Training
an increase in imports of various textile Administration
Employment and Training products. The petitioner concludes that
Administration [TA–W–60,006]
because sales and production of
[TA–W–59,833] jacquard textile harnesses at the subject Bosch Sumter Plant; Automotive
firm have been negatively impacted by Technology Chassis Division Including
The Baxter Corporation; Shelby, NC; increasing presence of foreign imports Onsite Leased Workers From
Notice of Negative Determination of textile products on the market, Huffmaster Company, IH Services and
Regarding Application for workers of the subject firm should be Olsten Staffing; Sumter, SC; Amended
Reconsideration eligible for TAA. Certification Regarding Eligibility To
In order to establish import impact, Apply for Worker Adjustment
By application dated September 27, the Department must consider imports Assistance and Alternative Trade
2006, petitioners requested that are like or directly competitive with Adjustment Assistance
administrative reconsideration of the those produced at the subject firm. The
Department’s negative determination Department conducted a survey of the In accordance with section 223 of the
regarding eligibility to apply for Trade subject firm’s major declining customers Trade Act of 1974 (19 U.S.C. 2273), and
Adjustment Assistance (TAA), regarding their purchases of jacquard section 246 of the Trade Act of 1974 (26
applicable to workers and former textile harnesses. The survey revealed U.S.C. 2813), as amended, the
workers of the subject firm. The denial that the declining customers did not Department of Labor issued a
notice was signed on August 28, 2006 increase their imports of jacquard textile Certification of Eligibility to Apply for
and published in the Federal Register harnesses during the relevant period. Worker Adjustment Assistance and
on September 21, 2006 (71 FR 55217). Imports of textiles cannot be Alternative Trade Adjustment
Pursuant to 29 CFR 90.18(c), considered like or directly competitive Assistance on September 22, 2006,
reconsideration may be granted under with jacquard textile harnesses applicable to workers of Bosch Sumter
the following circumstances: produced by Baxter Corporation, Plant, Automotive Technology Chassis
(1) If it appears on the basis of facts Shelby, North Carolina and imports of Division, including onsite leased
jlentini on PROD1PC65 with NOTICES

not previously considered that the textiles are not relevant in this workers from Huffmaster Company, IH
determination complained of was investigation. Services, and Olsten Staffing, Sumter,
erroneous; The fact that subject firm’s customers South Carolina. The notice was
(2) If it appears that the determination shifted their production abroad or were published in the Federal Register on
complained of was based on a mistake import impacted is relevant to this October 2, 2006 (71 FR 58011–58012).

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Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Notices 60765

At the request of the State agency, the contribute importantly to worker Signed in Washington, DC, this 29th day of
Department reviewed the certification separations at the subject firm and no September 2006.
for workers of the subject firm. The shift of production to a foreign source Elliott S. Kushner,
workers produce automotive brakes and occurred. The denial notice was Certifying Officer, Division of Trade
brake boosters. published in the Federal Register on Adjustment Assistance.
The review shows that this same July 14, 2006 (71 FR 40160). [FR Doc. E6–17104 Filed 10–13–06; 8:45 am]
worker group was certified eligible to To support the request for BILLING CODE 4510–30–P
apply for adjustment assistance under reconsideration, the company official
petition number TA–W–55,227, which supplied additional information. Upon
expired on August 2, 2006. further review of the initial DEPARTMENT OF LABOR
In order to avoid an overlap in worker investigation and contact with subject
group coverage, the Department is Employment and Training
firm’s company official, the Department Administration
amending the current certification for conducted additional survey of subject
workers of Bosch Sumter Plant, firm’s declining customers. The survey [TA–W–59,947 and TA–W–59,947A]
Automotive Technology Chassis revealed that subject firm customers
Division, including onsite leased increased their reliance on import Hamrick’s Incorporated, Plants 1 and
workers from Huffmaster Company, IH purchases of agricultural implements 2, Including On-Site Leased Workers
Services, and Olsten Staffing, Sumter, during the relevant period. The From Phillips Staffing, Gaffney, SC;
South Carolina, to change the impact investigation also revealed that sales Amended Certification Regarding
date from September 22, 2005 to August and production at the subject firm Eligibility To Apply for Worker
3, 2006. declined during the relevant time Adjustment Assistance and Alternative
The amended notice applicable to period. Trade Adjustment Assistance
TA–W–60,006 is hereby issued as In accordance with Section 223 of the
follows: In accordance with section 246 the
Trade Act of 1974 (26 U.S.C. 2813), as Trade Act of 1974 (19 U.S.C. 2273), and
All workers of Bosch Sumter Plant, amended, the Department of Labor Section 246 of the Trade Act of 1974 (26
Automotive Technology Chassis Division, U.S.C. 2813), as amended, the
herein presents the results of its
Sumter, South Carolina, including onsite Department of Labor issued a
leased workers of Huffmaster Company, IH investigation regarding certification of
eligibility to apply for alternative trade Certification of Eligibility to Apply for
Services and Olsten Staffing, who became
totally or partially separated from adjustment assistance (ATAA) for older Worker Adjustment Assistance and
employment on or after August 3, 2006 workers. Alternative Trade Adjustment
through September 22, 2008, are eligible to Assistance on September 14, 2006,
In order for the Department to issue
apply for adjustment assistance under section applicable to workers of Hamrick’s
a certification of eligibility to apply for
223 of the Trade Act of 1974, and are also Incorporated, Plant 1 and Plant 2
eligible to apply for alternative trade ATAA, the group eligibility
located in Gaffney, South Carolina,
adjustment assistance under section 246 of requirements of section 246 of the Trade
including on-site leased workers from
the Trade Act of 1974. Act must be met. The Department has
Phillips Staffing. The notice was
determined in this case that the
Signed at Washington, DC, this 4th day of published in the Federal Register on
October, 2006. requirements of section 246 have been
September 26, 2006 (71 FR 56170–
met.
Richard Church, 56172).
Certifying Officer, Division of Trade A significant number of workers at the At the request of the State agency, the
Adjustment Assistance. firm are age 50 or over and possess Department reviewed the certification
[FR Doc. E6–17110 Filed 10–13–06; 8:45 am] skills that are not easily transferable. for workers of the subject firm. The
BILLING CODE 4510–30–P
Competitive conditions within the workers are engaged in employment
industry are adverse. related to the production of sweaters,
Conclusion pants and skirts. The workers at Plant 1
DEPARTMENT OF LABOR cut the fabric while the workers at Plant
After careful review of the additional 2 sew the fabric. The review shows that
Employment and Training facts obtained on reconsideration, I all workers of Hamrick Industries, Inc.,
Administration conclude that increased imports of Gaffney, South Carolina were certified
[TA–W–59,183] articles like or directly competitive with eligible to apply for adjustment
those produced at Gehl Company, West assistance under petition number TA–
Gehl Company; West Bend, WI; Notice Bend, Wisconsin, contributed W–55,139, which expired on July 7,
of Revised Determination on importantly to the declines in sales or 2006.
Reconsideration production and to the total or partial In order to avoid an overlap in worker
separation of workers at the subject group coverage, the Department is
On August 2, 2006, the Department firm. In accordance with the provisions amending the current certification for
issued an Affirmative Determination of the Act, I make the following workers of Hamrick’s Incorporated,
Regarding Application for certification: Plant 1 and Plant 2 located in Gaffney,
Reconsideration for the workers and South Carolina, to change the impact
former workers of the subject firm. The All workers of Gehl Company, West Bend,
date from August 1, 2005 to July 8,
Wisconsin, who became totally or partially
notice was published in the Federal 2006.
separated from employment on or after April
Register on August 11, 2006 (71 FR The amended notice applicable to
10, 2005 through two years from the date of
46243–46244). this certification, are eligible to apply for TA–W–59,497 and TA–W–59,497A is
jlentini on PROD1PC65 with NOTICES

The previous investigation initiated adjustment assistance under section 223 of hereby issued as follows:
on April 11, 2006, resulted in a negative the Trade Act of 1974, and are eligible to All workers of Hamrick’s Incorporated,
determination issued on June 7, 2006, apply for alternative trade adjustment Plant 1, Gaffney, South Carolina (TA–W–
based on the finding that imports of assistance under section 246 of the Trade Act 59,947), Hamrick’s Incorporated, Plant 2,
agricultural implements did not of 1974. Gaffney, South Carolina (TA–W–59,947),

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