Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Notices 9291 

sales or production of such firm or 

subdivision. 

The Department has previously 

determined that because the subject firm 

closed on September 2005, criteria (A) 

and (B) have been met. Therefore, the 

only issue at hand is whether criterion 

(C) has been met. 

29 CFR Section 90.16(b)— 

Requirements for determinations— 

states, in part, that ‘‘the certifying officer 

shall make findings of fact concerning 

whether * * * (3) increases (absolute or 

relative) of imports of articles like or 

directly competitive with articles like or 

directly competitive with articles 

produced by such workers’ firm or 

appropriate subdivision thereof 

contributed importantly to such total or 

partial separation, or threat thereof, and 

to such decline in sales or production.’’ 

The corollary to the regulation is that 

if the certifying officer finds no such 

increased imports, whether or not the 

absent factor ‘‘contributed importantly’’ 

to ‘‘such total or partial separation, or 

threat thereof, and to such decline in 

sales or production’’ is moot. 

29 CFR Section 90.2—Definitions— 

states that ‘‘Increased imports means 

that imports have increased either 

absolutely or relative to domestic 

production compare to a representative 

base period. The representative base 

period shall be one year consisting of 

the four quarters immediately preceding 

the date which is twelve months prior 

to the date of the petition.’’ 

Because the date of the petition is 

June 5, 2006, the investigatory period is 

June 2005 through May 2006 and the 

representative base period is June 2004 

through May 2005. 

During the second remand 

investigation, the Department obtained 

new information that shows that when 

the subject firm ceased operations in 

2005, the foreign customer replaced 

printed circuit boards produced by the 

subject firm with those produced by a 

preferred vendor. The preferred vender 

is another domestic company. The new 

information also shows that the printed 

circuit boards supplied by the preferred 

vendor was produced outside the 

United States and shipped from the 

foreign production facility to the foreign 

customer. 

The Department determines that 

while the foreign customer did switch 

its order from the subject firm to another 

domestic vendor, the domestic vendor 

that replaced the subject firm did not 

import into the United States any of the 

printed circuit boards it sold to the 

subject firm’s foreign customer. 

Because there was no finding of 

increased imports of article like or 

directly competitive with the printed 

circuit boards produced by the subject 

firm, it is moot whether or not the 

‘‘contributed importantly’’ portion of 

the regulation has been satisfied. 

Therefore, the Department determines 

that TAA criterion (C) has not been 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 not 

eligibility to apply for TAA, the workers 

cannot be certified eligible for ATAA. 

Conclusion 

After careful reconsideration, I affirm 

the original notice of negative 

determination of eligibility to apply for 

worker adjustment assistance for 

workers and former workers of 

Advanced Electronics, Inc., Boston, 

Massachusetts. 

Signed at Washington, DC this 19th day of 

February 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–4389 Filed 3–2–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,018] 

National Vacuum Equipment, Traverse 

City, MI; Notice of Termination of 

Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on January 

29, 2009 in response to a worker 

petition filed by a company official on 

behalf of workers of National Vacuum 

Equipment, Traverse City, Michigan. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated. 

Signed at Washington, DC, this 18th day of 

February 2009. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–4403 Filed 3–2–09; 8:45 am] 

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DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,091] 

Westpoint Home, Calhoun Falls, SC; 

Notice of Termination of Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on February 

3, 2009 in response to a worker petition 

filed by a company official, on behalf of 

workers of WestPoint Home, Calhoun 

Falls, South Carolina. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated. 

Signed at Washington, DC, this 20th day of 

February 2009. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–4404 Filed 3–2–09; 8:45 am] 

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DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,164] 

Bradington-Young, LLC, Cherryville, 

NC; Notice of Termination of 

Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on February 

9, 2009 in response to a petition filed by 

a company official on behalf of workers 

of Bradington-Young, LLC, Cherryville, 

North Carolina. 

The workers at the subject facility are 

covered by an earlier petition (TA–W– 

65,147) filed on February 5, 2009 that is 

the subject of an ongoing investigation 

for which a determination has not been 

issued. Further investigation in this case 

would duplicate efforts and serve no 

purpose; therefore the investigation 

under this petition has been terminated. 

Signed at Washington, DC, this 18th day of 

February 2009. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–4407 Filed 3–2–09; 8:45 am] 

BILLING CODE 4510–FN–P 

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