Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices 12901 

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 9 through March 13, 

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–64,993; TTM Technologies, 

leased workers From Kelly Services, 

Redmond, WA: January 23, 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. 

TA–W–65,473; Bakers Pride Oven 

Company, Inc., New Rochelle, NY: 

February 25, 2008. 

TA–W–65,100; Kimball Electronics, Inc., 

Jasper, IN: September 28, 2008. 

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. 

TA–W–65,023A; Silberline 

Manufacturing Company, Inc., 

Lansford Facility, Lansford, PA: 

April 20, 2009. 

TA–W–65,023B; Silberline 

Manufacturing Company, Inc., 

Tidewood Facility, Tidewood, PA: 

April 20, 2009. 


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12902 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices 

TA–W–65,023C; Silberline 

Manufacturing Company, Inc., 

Decatur Facility, Decatur, PA: April 

20, 2009. 

TA–W–65,023; Silberline Manufacturing 

Company, Inc., Hometown Facility, 

Tamaqua, PA: April 20, 2009. 

TA–W–65,087; Industrial Minerals, Inc., 

Blacksburg, SC: January 28, 2008. 

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. 

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. 

TA–W–64,996; Rebco, Inc., Kersey, PA. 

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–65,050; Ball Corporation, Kansas 

City, MO. 

The workers’ firm does not produce 

an article as required for certification 

under Section 222 of the Trade Act of 

1974. 

TA–W–65,035; Align Technology, Inc., 

Santa Clara, CA. 

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. 

None. 

I hereby certify that the aforementioned 

determinations were issued during the period 

of March 9 through March 13, 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: March 18, 2009. 

Linda G. Poole, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–6516 Filed 3–24–09; 8:45 am] 

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DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,157] 

Alcoa, Inc., Alcoa, TN; Notice of 

Termination of Investigation 

In accordance with 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 Tennessee AFL–CIO Technical 

Assistance Program representative on 

behalf of workers of Alcoa, Inc., Alcoa, 

Tennessee. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated. 

Signed in Washington, DC, this 17th day of 

March 2009. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–6527 Filed 3–24–09; 8:45 am] 

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DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–64,880] 

America’s Business Operations, Dell 

USA L.P., Round Rock, TX; Notice of 

Termination of Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on January 

13, 2009 in response to a petition on 

behalf of workers of America’s Business 

Operations, Dell USA L.P., Round Rock, 

Texas. 

The petitioners have requested that 

the petition be withdrawn. 

Consequently, the investigation has 

been terminated. 

Signed at Washington, DC, this 18th day of 

March 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–6517 Filed 3–24–09; 8:45 am] 

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DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,447] 

BHP Billiton, BHP Copper, Inc., Pinto 

Valley Operations & San Manuel 

Arizona Railroad Company, Miami, AZ; 

Notice of Termination of Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on February 

2, 2009 in response to a petition filed by 

a company official on behalf of all 

workers of BHP Billiton, BHP Copper, 

Inc., Pinto Valley Operations & San 

Manuel Arizona Railroad Company, 

Miami, Arizona. 

The petitioner requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated. 

Signed at Washington, DC, this 17th day of 

March 2009. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment 

[FR Doc. E9–6535 Filed 3–24–09; 8:45 am] 

BILLING CODE 4510–FN–P 


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