Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices 9433 

In the request for reconsideration, the 

petitioner provided additional 

information indicating that sales and 

production at the subject facility 

declined during the relevant period and 

that the subject firm imported products 

like or directly competitive with the 

products manufactured at the subject 

firm. 

The Department has carefully 

reviewed the request for reconsideration 

and the existing record and has 

determined that the Department will 

conduct further investigation to 

determine if the workers meet the 

eligibility requirements of the Trade Act 

of 1974. 

Conclusion 

After careful review of the 

application, I conclude that the claim is 

of sufficient weight to justify 

reconsideration of the U.S. Department 

of Labor’s prior decision. The 

application is, therefore, granted. 

Signed at Washington, DC, this 23rd day of 

February 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–4548 Filed 3–3–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–63,422] 

Springs Global U.S., Inc., Springs 

Direct Division, Springmaid Wamsutta 

Factory Store, Lancaster, SC; Notice of 

Revised Determination on Remand 

On February 6, 2009, the U.S. Court 

of International Trade (USCIT) 

remanded to the U.S. Department of 

Labor (Department) for further review 

Former Employees of Springs Global, 

Inc., Springs Global Direct Division, 

Springmaid-Wamsutta Factory Store, 

Lancaster, South Carolina (FEO Springs 

Global) v. United States, Court No. 08– 

00255. 

On May 19, 2008, an official of 

Springs Global U.S. Inc. (subject firm) 

filed a petition for Trade Adjustment 

Assistance (TAA) and Alternative Trade 

Adjustment Assistance (ATAA) on 

behalf of workers of Springs Global U.S. 

Inc., Springs Global Direct Division, 

Springmaid-Wamsutta Factory Store, 

Lancaster, South Carolina (subject 

facility). 

The subject facility closed during 

February 2008. Prior to the closure, 

workers at the subject facility managed 

Springs Global, U.S., Inc. (subject firm) 

retail operations, sold linen products 

manufactured by the subject firm to the 

public and other subject firm 

employees, and handled special orders 

for linen products placed by other 

subject firm employees. 

The negative determination, issued on 

May 30, 2008, stated that in order to be 

considered eligible to apply for 

adjustment assistance under Section 223 

of the Trade Act of 1974, the subject 

worker group must work for a ‘‘firm’’ or 

appropriate subdivision that produces 

an article domestically and there must 

be a relationship between the workers’ 

work and the article produced by the 

workers’ firm or appropriate 

subdivision. The determination also 

stated that although the subject firm 

produced an article, the subject workers 

did not support that production. The 

Department determined that the subject 

worker group cannot be considered 

import impacted or affected by a shift in 

production of an article. The 

Department’s Notice of determination 

was published in the Federal Register 

on June 16, 2008 (73 FR 34044). 

The Department did not receive a 

request for administrative 

reconsideration. 

In the complaint, Plaintiffs allege that 

workers at the subject facility, who 

‘‘provided the means by which Springs 

Global dispensed of manufactured 

goods that were not able to be sold 

otherwise * * * thereby enabling the 

company’s production operations * * * 

to reduce their per-unit overhead and 

operate more efficiently,’’ should be 

treated like the workers covered by TA– 

W–62,768 (Springs Global U.S., Inc., 

Springs Direct Division, Corporate 

Support Group, Lancaster, South 

Carolina; certified February 14, 2008). 

Workers covered by TA–W–63,422 are 

located in the same building as workers 

covered by TA–W–62,786. 

Workers covered by TA–W–62,786 are 

engaged in production estimation, 

production scheduling, distribution, 

logistics, and operational services. The 

determination for TA–W–62,786 stated 

that the workers supported production 

at a TAA-certified facility (Springs 

Global U.S., Inc., Grace Complex, 

Bedding Division, Lancaster, South 

Carolina; TA–W–61,258) and that the 

worker separations are ‘‘related to a shift 

of production and increased imports of 

textile products.’’ 

The group eligibility requirements for 

directly-impacted workers under 

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

as amended, based on a shift of 

production are satisfied if the criteria set 

forth under Section 222(a)(2)(B) have 

been met: 

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; and 

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 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 is a 

beneficiary country under the Andean Trade 

Preference Act, African Growth and 

Opportunity Act, or the Caribbean Basin 

Economic Recovery Act; or 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. 

On remand, the Department carefully 

reviewed the language of the statute, the 

Department’s policy, Plaintiffs’ 

submissions, and the administrative 

record. 

The intent of the Department is for a 

certification to cover all workers of the 

subject firm or appropriate subdivision 

who were adversely affected by 

increased imports of the article 

produced by the firm or a shift in 

production of the article, based on the 

investigation of the TAA/ATAA 

petition. 

After careful review on remand, the 

Department determines that a 

significant number or proportion of the 

workers in the appropriate subdivision 

of the subject firm was separated. 

Further, the Department determines that 

these workers performed activities 

related to the firm’s production of an 

article, that the firm shifted production 

of that article to a foreign country (and 

there were increased imports of like or 

directly competitive articles produced 

by the firm), and this shift in production 

was a factor in Plaintiffs’ separations. 

Based on the above, the Department 

determines that the group eligibility 

requirements under Section 222(a)(2)(B) 

of the Trade Act of 1974, as amended, 

have been met. 

In accordance with Section 246 of the 

Trade Act of 1974 (26 U.S.C. 2813), as 

amended, the Department herein 

presents the results of its investigation 

regarding certification of eligibility to 

apply for ATAA. The Department has 

determined in this case that the group 

eligibility requirements of Section 246 

have been met. 

A significant number of workers at the 

firm are age 50 or over and possess 

skills that are not easily transferable. 

9434 Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices 

Competitive conditions within the 

industry are adverse. 

Conclusion 

After careful review of the facts 

during the remand investigation, I 

determine that there was a shift of 

production from the workers’ firm or 

subdivision to Brazil of articles that are 

like or directly competitive with those 

produced by the subject firm or 

subdivision, and there has been or is 

likely to be an increase in imports of 

like or directly competitive articles. In 

accordance with the provisions of the 

Act, I make the following certification: 

All workers of Springs Global U.S. Inc., 

Springs Global Direct Division, SpringmaidWamsutta Factory Store, Lancaster, South 

Carolina, who became totally or partially 

separated from employment on or after May 

19, 2007, through two years from the 

issuance of this revised determination, are 

eligible to apply for Trade Adjustment 

Assistance under Section 223 of the Trade 

Act of 1974, and are eligible to apply for 

alternative trade adjustment assistance under 

Section 246 of the Trade Act of 1974. 

Signed at Washington, DC, this 23rd day of 

February 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–4544 Filed 3–3–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,280] 

Eaton Corporation, Mentor, OH; Notice 

of Termination of Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on February 

18, 2009 in response to a worker 

petition filed by a company official on 

behalf of workers of Eaton Corporation, 

Mentor, Ohio. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated. 

Signed at Washington, DC, this 24th day of 

February 2009. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–4550 Filed 3–3–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,214] 

Everett Charles Technologies, Inc., 

Fixture and Services Group, 

Longmont, CO; Notice of Termination 

of Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on February 

11, 2009 in response to a worker 

petition filed by a company official on 

behalf of workers of Everett Charles 

Technologies, Inc., Fixture And Services 

Group, Longmont, Colorado. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated. 

Signed at Washington, DC, this 24th day of 

February 2009. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–4549 Filed 3–3–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,326] 

Horton Mfg. Co. LLC, Tallmadge, OH; 

Notice of Termination of Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on February 

23, 2009 in response to a worker 

petition filed on behalf of workers of 

Horton Mfg. Co. LLC, Tallmadge, Ohio. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated. 

Signed at Washington, DC, this 25th day of 

February 2009. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–4552 Filed 3–3–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,339] 

Pentagon Technologies Group, Inc., 

Portland, OR; Notice of Termination of 

Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on February 

23, 2009 in response to a worker 

petition filed by a company official on 

behalf of workers of Pentagon 

Technologies Group, Inc., Portland, 

Oregon. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated. 

Signed at Washington, DC, this 24th day of 

February 2009. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–4553 Filed 3–3–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,359] 

The Modesto Bee Ad Production 

Group, Modesto, CA; Notice of 

Termination of Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on February 

24, 2009, in response to a worker 

petition filed on behalf of workers at 

The Modesto Bee, Ad Production Group, 

Modesto, California. 

The petitioning group of workers is 

covered by an active certification (TA– 

W–64,860) which expires on February 

11, 2011. 

Consequently, further investigation in 

this case would serve no purpose, and 

the investigation has been terminated. 

Signed at Washington, DC, this 25th day of 

February 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–4541 Filed 3–3–09; 8:45 am] 

BILLING CODE 4510–FN–P