15164 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Notices 

Remand Investigation 

The group eligibility requirements for 

directly-impacted (primary) workers 

under Section 222(a) the Trade Act of 

1974, as amended, can be satisfied in 

either one of two ways: 

(A)(1) 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; and (2) the sales or 

production, or both, of such firm or 

subdivision have decreased absolutely; 

and (3) 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 

(B)(1) 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, and (2) 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. 

Further, 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, or 

2. the country to which the workers’

firm has shifted production of the 

articles is 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. 

Because the subject firm shut down, 

AR 21, the Department determines that 

a significant number or proportion of 

workers at the subject firm have become 

totally separated and that the sales or 

production of the subject firm decreased 

absolutely. 

In order for criterion (A)(3) to be 

satisfied, it must be shown that 

increased imports of plastic bottles 

during the relevant period ‘‘contributed 

importantly’’ to the workers’’

separations and subject firm sales and/ 

or production declines. 

Per 29 CFR 90.2, ‘‘increased imports’’

means that imports have increased, 

absolutely or relative to domestic 

production, compared to a 

representative base period. The 

regulation also establishes the 

representative base period as the oneyear period proceeding the relevant 

period (the twelve-month period prior 

to the date of the petition). 

Because subject firm sales and 

production increased in 2005 from 2004 

levels, there were no apparent sales 

and/or production declines during the 

relevant period. Rather, subject firm’s 

sales and production declines occurred 

after the relevant period. Therefore, 

there were no sales or production 

declines at the subject firm to which 

increased imports could have 

contributed importantly. 

Assuming, however, that there were 

subject firm sales and/or production 

declines during the relevant period, the 

Department conducted a survey of the 

subject firm’s major declining customers 

regarding their import purchases of 

plastic bottles. SAR 50–51, 189–199, 

207–221, 226–227. None of the 

respondents reported increased imports, 

either direct or indirect, of plastic 

bottles or articles like or directly 

competitive with plastic bottles during 

the relevant period. SAR 49–50, 207, 

215–216, 219–220, 226–227, 233. 

Further, the subject firm did not have 

any imports of plastic bottles during the 

relevant period. AR 43. 

During the remand investigation, 

Alcan explained that the subject firm’s 

sudden closure (sales and production 

increased in 2005 from 2004 levels and 

the plant closure was announced in 

November 2005, AR 72) was the result 

of the loss of two major contracts. SAR 

49, 71–72, 74–75. When the Department 

contacted the two ‘‘lost’’ customers, the 

Department was informed by both 

customers that the contracts were not 

‘‘lost’’ because of any import factors and 

that the contracts were awarded to other 

domestic vendors. SAR 52, 216, 226–

227. 

Given the above-stated reasons, the 

Department determines that TAA 

criterion (A)(3) has not been met. 

The Department affirms that a shift of 

production to Puerto Rico is not 

considered a shift of production abroad, 

for purposes of the Trade Act, because 

it is a U.S. Territory. Therefore, a shift 

of production to Puerto Rico cannot be 

a basis for satisfaction of TAA criterion 

(B)(2). 

In response to Plaintiff’s allegation 

that subject firm production shifted 

abroad, the Department requested that 

Alcan identify those domestic facilities 

to which subject firm production shifted 

and explain the documents which 

indicate that machines were shipped to 

Brazil and Australia. SAR 49, 52–71. 

Alcan stated that subject firm 

production was either discontinued or 

shifted to Alcan production facilities in 

Des Plaines, Illinois or Youngsville, 

North Carolina, SAR 73, 228. Alcan also 

stated that the machines identified by 

Plaintiff were surplus equipment, SAR 

49, 71; that the surplus equipment sent 

to Alcan’s Brazilian facility was used to 

produce articles for the Brazilian 

market, SAR 49, 71; and that the surplus 

equipment sent to Australia was sold to 

third-party vendors only. SAR 71. 

Given the above-stated reasons, the 

Department determines that TAA 

criterion (B)(2) has not been met. 

In addition, in accordance with 

Section 246 of the Trade Act of 1974, as 

amended, the Department herein 

presents the results of its investigation 

regarding certification of eligibility to 

apply for ATAA. 

In order to apply 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 workers are denied 

eligibility to apply for TAA, they cannot 

be certified eligible to apply for ATAA. 

Conclusion 

After careful review of the findings of 

the remand investigation, I affirm the 

notice of negative determination of 

eligibility to apply for worker 

adjustment assistance for workers and 

former workers of Alcan Global 

Pharmaceutical Packaging, Inc., Plastics 

Americas Division, Centralia, Illinois. 

Signed at Washington, DC this 19th day of 

March 2007. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E7–5843 Filed 3–29–07; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Investigations Regarding Certifications 

of Eligibility To Apply for Worker 

Adjustment Assistance and Alternative 

Trade Adjustment Assistance 

Petitions have been filed with the 

Secretary of Labor under Section 221(a) 

of the Trade Act of 1974 (‘‘the Act’’) and 

are identified in the Appendix to this 

notice. Upon receipt of these petitions, 

the Director of the Division of Trade 

Adjustment Assistance, Employment 

and Training Administration, has 


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Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Notices 15165 

instituted investigations pursuant to 

Section 221(a) of the Act. 

The purpose of each of the 

investigations is to determine whether 

the workers are eligible to apply for 

adjustment assistance under Title II, 

Chapter 2, of the Act. The investigations 

will further relate, as appropriate, to the 

determination of the date on which total 

or partial separations began or 

threatened to begin and the subdivision 

of the firm involved. 

The petitioners or any other persons 

showing a substantial interest in the 

subject matter of the investigations may 

request a public hearing, provided such 

request is filed in writing with the 

Director, Division of Trade Adjustment 

Assistance, at the address shown below, 

not later than April 9, 2007. 

Interested persons are invited to 

submit written comments regarding the 

subject matter of the investigations to 

the Director, Division of Trade 

Adjustment Assistance, at the address 

shown below, not later than April 9, 

2007. 

The petitions filed in this case are 

available for inspection at the Office of 

the Director, Division of Trade 

Adjustment Assistance, Employment 

and Training Administration, U.S. 

Department of Labor, Room C–5311, 200 

Constitution Avenue, NW., Washington, 

DC 20210. 

Signed at Washington, DC, this 20th day of 

March 2007. 

Linda G. Poole, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

APPENDIX—TAAPPETITIONS INSTITUTED BETWEEN 3/12/07 AND 3/16/07 

TA–W Subject firm (petitioners) Location Date of institution 

Date of petition 

61089 ........... Commercial Vehicle Group a/k/a Trim Systems (Comp) ................................ Vancouver, WA ........... 03/12/07 03/09/07 

61090 ........... Easton Sports Inc (State) ................................................................................ Van Nuys, CA ............. 03/12/07 03/09/07 

61091 ........... Esselte Corporation (Comp) ............................................................................ Kankakee, IL ............... 03/12/07 03/09/07 

61092 ........... Hillerich and Bradsby Company (Wkrs) .......................................................... Loomis, CA ................. 03/12/07 03/08/07 

61093 ........... Collins and Aikman (UAW) .............................................................................. Morristown, IN ............. 03/12/07 03/01/07 

61094 ........... Pine River Plastics (Comp) ............................................................................. St. Clair, MI ................. 03/12/07 03/09/07 

61095 ........... Freightliner PMP (Wkrs) .................................................................................. Gastonia, NC .............. 03/12/07 03/07/07 

61096 ........... Portac, Inc (UNION) ........................................................................................ Tacoma, WA ............... 03/12/07 03/06/07 

61097 ........... Fleetwood Travel Trailers (Wkrs) .................................................................... Longview, TX .............. 03/12/07 03/07/07 

61098 ........... Indera Mills Company (Comp) ........................................................................ Yadkinville, NC ............ 03/12/07 03/12/07 

61099 ........... Wright’s Hosiery (Comp) ................................................................................. Fort Payne, AL ............ 03/12/07 03/12/07 

61100 ........... Performance Sports Apparel (Wkrs) ............................................................... Reading, PA ................ 03/13/07 03/12/07 

61101 ........... Ameridrives International (UNION) .................................................................. Erie, PA ....................... 03/13/07 03/02/07 

61102 ........... Springs Global (Comp) .................................................................................... Hartwell, GA ................ 03/13/07 03/12/07 

61103 ........... Delbar Products Inc (IAM) ............................................................................... Perkasie, PA ............... 03/13/07 03/12/07 

61104 ........... Bay State Circuits Inc. (Comp) ........................................................................ Millbury, MA ................ 03/13/07 03/12/07 

61105 ........... Kidde Fenwal (Comp) ...................................................................................... Ashland, MA ................ 03/13/07 03/12/07 

61106 ........... Hoke Inc (Comp) ............................................................................................. Berlin, CT .................... 03/13/07 03/07/07 

61107 ........... Boise Cascade LLC (UNION) ......................................................................... Vancouver, WA ........... 03/13/07 03/12/07 

61108 ........... Fleetwood Travel Trailers (State) .................................................................... Williamsport, MD ......... 03/13/07 03/13/07 

61109 ........... Laufen International Inc/U.S. Ceramic Tile Company (Comp) ....................... Canton, OH ................. 03/14/07 03/14/07 

61110 ........... DENT Manufacturing (GMP) ........................................................................... Northampton, PA ........ 03/14/07 03/11/07 

61111 ........... Bodine Electric Company (Comp) ................................................................... Peosta, IA ................... 03/15/07 03/14/07 

61112 ........... Modine Manufacturing Company (Union) ....................................................... Clinton, TN .................. 03/15/07 03/13/07 

61113 ........... Jabil (Comp) .................................................................................................... St. Petersburg, FL ....... 03/15/07 03/13/07 

61114 ........... Vestal Manufacturing Enterprises, Inc. (Union) .............................................. Sweetwater, TN .......... 03/15/07 03/14/07 

61115 ........... Hoke, Inc (State) ............................................................................................. Berlin, CT .................... 03/15/07 03/14/07 

61116 ........... Alsons Coproration (Comp) ............................................................................. Hillsdale, MI ................ 03/15/07 03/15/07 

61117 ........... Hanes Brands (Wkrs) ...................................................................................... Rockingham, NC ......... 03/15/07 02/28/07 

61118 ........... Progressive Service Die Company (Comp) .................................................... New Kingstown, PA .... 03/15/07 03/15/07 

61119 ........... Northcutt Woodworks, L.P. (Comp) ................................................................ Crockett, TX ................ 03/15/07 03/13/07 

61120 ........... ConAgra Foods (Union) .................................................................................. King City, CA .............. 03/16/07 03/14/07 

61121 ........... Ardel, Inc (Wkrs) .............................................................................................. Shelby, NC .................. 03/16/07 03/15/07 

61122 ........... Snap-on Tools (Union) .................................................................................... Johnson City, TN ........ 03/16/07 03/15/07 

61123 ........... A.O. Smith Electrical Products Company (Comp) .......................................... McMinnville, TN ........... 03/16/07 03/01/07 

61124 ........... Topflite Golf Co (The) (IBB) ............................................................................ Chicopee, MA ............. 03/16/07 03/14/07 

61125 ........... Jones NY Apparel Group Inc (Wkrs) .............................................................. New York, NY ............. 03/16/07 03/04/07 

61126 ........... U.S. Axle, Inc. (Comp) .................................................................................... Pottstown, PA ............. 03/16/07 03/05/07 

61127 ........... ICT (Comp) ...................................................................................................... Calvert City, KY ........... 03/16/07 03/15/07 

61128 ........... Kvaerner Willfab (IUE) ..................................................................................... Williamsport, PA .......... 03/16/07 03/15/07 

61129 ........... Romar Textile Co Inc (Comp) ......................................................................... Wampum, PA .............. 03/16/07 03/13/07 

61130 ........... Bauhaus USA Inc (Comp) ............................................................................... Iuka, MS ...................... 03/16/07 03/15/07 

61131 ........... Excel Technical Services (Wkrs) ..................................................................... Fishers, IN ................... 03/16/07 03/15/07 


cprice-sewell on PROD1PC66 with NOTICES
15166 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Notices 

[FR Doc. E7–5852 Filed 3–29–07; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–60,566] 

E*Trade Mortgage Corporation; 

Including Leased Workers From 

Manpower and Radian; Coraopolis, 

PA; Dismissal of Application for 

Reconsideration 

Pursuant to 29 CFR 90.18(c) an 

application for administrative 

reconsideration was filed with the 

Director of the Division of Trade 

Adjustment Assistance for workers at 

E*Trade Mortgage Corporation, 

including leased workers from 

Manpower and Radian, Coraopolis, 

Pennsylvania. The application did not 

contain new information supporting a 

conclusion that the determination was 

erroneous, and also did not provide a 

justification for reconsideration of the 

determination that was based on either 

mistaken facts or a misinterpretation of 

facts or of the law. Therefore, dismissal 

of the application was issued. 

TA–W–60,566; E *Trade Mortgage 

Corporation Including Leased Workers 

From Manpower and Radian, 

Coraopolis, Pennsylvania (March 15, 

2007). 

Signed at Washington, DC, this 21st day of 

March 2007. 

Linda G. Poole, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E7–5846 Filed 3–29–07; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–61,048] 

Emerson Network Power, Formerly 

Artesyn Communication Products, 

Madison, WI; Notice of Termination of 

Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on March 1, 

2007 in response to a petition filed by 

a company official on behalf of workers 

of Emerson Network Power, formerly 

Artesyn Communications Products, 

Madison, Wisconsin. 

The petitioner has requested that this 

petition be withdrawn. Consequently, 

further investigation in this case would 

serve no purpose, and the investigation 

has been terminated. 

Signed at Washington, DC, this 16th day of 

March, 2007. 

Linda G. Poole, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E7–5849 Filed 3–29–07; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–59,368] 

Formica Corporation; Wildon 

Industries, Inc.; Rocklin, CA; Amended 

Certification Regarding Eligibility To 

Apply for Worker Adjustment 

Assistance and Alternative Trade 

Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974 (19 U.S.C. 2273), and 

Section 246 of the Trade Act of 1974 (26 

U.S.C. 2813), as amended, the 

Department of Labor issued a 

Certification of Eligibility to Apply for 

Worker Adjustment Assistance and 

Alternative Trade Adjustment 

Assistance on May 17, 2006, applicable 

to workers of Formica Corporation, 

Rocklin, California. The notice was 

published in the Federal Register on 

June 9, 2006 (71 FR 33488). 

At the request of the State agency, the 

Department reviewed the certification 

for workers of the subject firm. The 

workers were engaged in the production 

of high pressure laminates. 

New information shows that during 

2004, workers separated from 

employment at the subject firm had 

their wages reported under a separate 

unemployment insurance (UI) tax 

account for a subsidiary company, 

Wildon Industries, Inc. 

Accordingly, the Department is 

amending the certification to properly 

reflect this matter. 

The intent of the Department’s 

certification is to include all workers of 

Formica Corporation who were 

adversely affected by increased 

company imports. 

The amended notice applicable to 

TA–W–59,368 is hereby issued as 

follows: 

‘‘All workers of Formica Corporation, 

Wildon Industries, Inc., Rocklin, California, 

who became totally or partially separated 

from employment on or after May 9, 2005, 

through May 17, 2008, are eligible to apply 

for adjustment assistance under Section 223 

of the Trade Act of 1974, and are also eligible 

to apply for alternative trade adjustment 

assistance under Section 246 of the Trade Act 

of 1974.’’

Signed at Washington, DC, this 30th day of 

March 2007. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E7–5844 Filed 3–29–07; 8:45 am] 

BILLING CODE 4510–FN–P 

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 March 12 through March 16, 

2007. 

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 


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