Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 38047 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Notice of Determinations Regarding 

Eligibility To Apply for Worker 

Adjustment Assistance and Alternative 

Trade Adjustment Assistance 

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 June 29 through July 17, 2009. 

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 or 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 

date 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. 

None. 

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–65,890; Automatic Machine 

Product, Corinth, MS: May 1, 2008. 

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. 

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) 

and Section 246(a)(3)(A)(ii) 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) and Section 

246(a)(3)(A)(ii) of the Trade Act have 

been met. 


erowe on DSK5CLS3C1PROD with NOTICES
38048 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 

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. 

None. 

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. 

None. 

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–65,630; National Envelope, 

Scottdale, PA 

TA–W–65,704; Chipblaster, Inc., 

Meadville, PA 

TA–W–65,753; Weyerhaeuser 

Company, Warrenton, OR 

TA–W–65,914; Alliance Machine 

Systems International, Spokane 

Valley, WA 

The workers’ firm does not produce 

an article as required for certification 

under Section 222 of the Trade Act of 

1974. 

None. 

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. 

TA–W–65,324; General Aluminum 

Manufacturing Co., Richmond 

Plant, Richmond, IN 

I hereby certify that the aforementioned 

determinations were issued during the period 

of June 29 through July 17, 2009. Copies of 

these determinations are available for 

inspection in Room n-5428, 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. 

Dated: July 21, 2009. 

Linda G. Poole, 

Director, Division of Trade Adjustment 

Assistance. 

[FR Doc. E9–18176 Filed 7–29–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–64,725] 

Weather Shield Manufacturing, Inc., 

Corporate Office, Medford, WI; Notice 

of Negative Determination Regarding 

Application for Reconsideration 

By application dated May 26, 2009, 

the petitioners requested administrative 

reconsideration of the Department’s 

negative determination regarding 

eligibility for workers and former 

workers of Weather Shield 

Manufacturing, Inc., Corporate Office, 

Medford, Wisconsin (subject firm) to 

apply for Trade Adjustment Assistance 

(TAA) and Alternative Trade 

Adjustment Assistance (ATAA). The 

Department’s Notice of Affirmative 

Determination Regarding Application 

for Reconsideration was signed on June 

2, 2009, and published in the Federal 

Register on June 18, 2009 (74 FR 28956). 

The initial investigation revealed that 

workers of the subject firm are engaged 

in support functions such as 

administrative, human resources, 

accounting, sales, and marketing 

operations. It was also revealed that the 

workers of the subject firm support 

production of windows at various 

Weather Shield Manufacturing facilities. 

The investigation resulted in a negative 

determination that was based on the 

finding that imports of windows did not 

contribute importantly to worker 

separations at the subject facility and 

there was no shift of production to a 

foreign country. The ‘‘contributed 

importantly’’ test is generally 

demonstrated through a survey of the 

workers’ firm’s declining domestic 

customers. The survey of the major 

declining customers revealed negligible 

imports of windows in 2008 compared 

with 2007. The subject firm did not 

import windows during the relevant 

period. 

A careful review of previouslysubmitted material shows that one of 

the facilities supported by workers of 

the Weather Shield Manufacturing, Inc., 

Corporate Office in Milford, Wisconsin 

produced doors. During the 

reconsideration investigation, the 

Department conducted additional 

customer survey regarding purchases of 

doors (including like or directly 

competitive articles) during 2007 and 

2008. Based on the information obtain 

through the survey, the Department 

determined no imports of doors during 

the relevant period. 

The petitioner also alleges that the 

competitor of the subject firm has been 

certified for TAA during August 2008 

and therefore workers of the subject firm 

should be also certified for TAA. 

The impact of competitors on the 

subject firm is revealed in an 

investigation through customer survey 

analysis. In the case at hand, the 

Department solicited information from 

the customers of the subject firm to 

determine if customers purchased 

imported windows and doors during 

2007 and 2008. The survey is intended 

to determine if competitor imports 

contributed importantly to layoffs at the 

subject firm. The survey revealed that 

imports of windows and doors were 

negligible during the relevant period. 

The investigation also revealed the 

subject firm did not import windows 

and doors nor was there a shift in 

production of windows and doors from 

subject firm abroad during the relevant 

period. Furthermore, U.S. aggregate 

imports of windows and doors declined 

from 2007 to 2008. 

Based on the information above, the 

Department determines that the group 

eligibility requirements under section 

222(a) of the Trade Act of 1974, as 

amended, were not met. 

In order for the Department to issue 

a certification of eligibility to apply for 

ATAA, the subject worker group must 

be certified eligible to apply for TAA. 

Since the subject workers are denied 

eligibility to apply for TAA, the workers 

cannot be certified eligible for ATAA. 

Conclusion 

After reconsideration, I affirm the 

original notice of negative 

determination of eligibility to apply for 


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