Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices 10619 

(2) If it appears that the determination 

complained of was based on a mistake 

in the determination of facts not 

previously considered; or 

(3) If in the opinion of the Certifying 

Officer, a misinterpretation of facts or of 

the law justified reconsideration of the 

decision. 

The Department has consistently 

determined that articles (whether 

tangible or intangible) produced 

incidental to the provision of a service 

are not considered articles for purposes 

of the Trade Act of 1974. Further, even 

if the ‘‘Measurement Point Drawings 

and Electronic Measurement files’’ were 

articles, for purposes of the Trade Act, 

the shift of production was not by the 

subject firm but by the firm’s customer 

(General Motors). 

In order to apply for TAA, the subject 

worker group must meet the group 

eligibility requirements for directlyimpacted (primary) workers under 

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

as amended, based on a shift of 

production, the Department must find 

that 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. 

After careful review of the request for 

reconsideration, the support 

documentation, and previously 

submitted materials, the Department 

determines that there is no new 

information that supports a finding that 

Section 222 of the Trade Act of 1974 

was satisfied and that no mistake or 

misinterpretation of the facts or of the 

law with regards to the number or 

proportion of workers separated from 

the subject firm during the relevant 

period. 

Conclusion 

After review of the application and 

investigative findings, I conclude that 

there has been no error or 

misinterpretation of the law or of the 

facts which would justify 

reconsideration of the Department of 

Labor’s prior decision. Accordingly, the 

application is denied. 

Signed at Washington, DC, this 3rd day of 

March 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–5180 Filed 3–10–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–64,401] 

Qimonda 200MM Facility, Including OnSite Leased Workers From Tokyo 

Electron America, Nikon Precision, 

Inc., and Ebara Technologies, Inc., 

Sandston, VA; 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 December 11, 2008, 

applicable to workers of Qimonda 

200MM Facility, Sandston, Virginia. 

The notice was published in the Federal 

Register on December 30, 2008 (73 FR 

79914). 

At the request of the State agency, the 

Department reviewed the certification 

for workers of the subject firm. The 

workers are engaged in the production 

of DRAM semiconductor wafers. 

New information shows that workers 

leased from Ebara Technologies, Inc., 

were employed on-site at the Sandston, 

Virginia location of Qimonda 200MM 

Facility. The Department has 

determined that these workers were 

sufficiently under the control of 

Qimonda 200MM Facility to be 

considered leased workers. 

Based on these findings, the 

Department is amending this 

certification to include workers leased 

from Ebara Technologies, Inc., working 

on-site at the Sandston, Virginia 

location of the subject firm. 

The intent of the Department’s 

certification is to include all workers 

employed at Qimonda 200MM Facility, 

Sandston, Virginia who were adversely 

affected by a shift in production to a 

foreign country followed by increased 

imports of articles like or directly 

competitive with the DRAM 

semiconductor wafers produced by the 

subject firm. 

The amended notice applicable to 

TA–W–64,401 is hereby issued as 

follows: 

‘‘All workers of Qimonda 200MM Facility, 

including on-site leased workers from Tokyo 

Electron America, Nikon Precision, Inc., and 

Ebara Technologies, Inc., who became totally 

or partially separated from employment on or 

after November 11, 2007 through December 

11, 2010, 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 3rd day of 

March 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–5179 Filed 3–10–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,264] 

Auto Truck Transport, Mount Holly, 

North Carolina Terminal, Mount Holly, 

NC; Notice of Termination of 

Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on February 

17, 2009, in response to a petition filed 

on behalf of workers at Auto Truck 

Transport, Mount Holly, North Carolina 

Terminal, Mount Holly, North Carolina. 

The petitioners have requested that 

the petition be withdrawn. 

Consequently, the investigation has 

been terminated. 

Signed at Washington, DC this 4th day of 

March 2009. 

Linda G. Poole, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–5187 Filed 3–10–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,152] 

CCL Container, Hermitage, PA; Notice 

of Termination of Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on February 

6, 2009, in response to a petition filed 

by a company official on behalf of 

workers of CCL Container, Hermitage, 

Pennsylvania. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated. 


rwilkins on PROD1PC63 with NOTICES