Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 28959 

on May 17, 2007 (72 FR 27853). The 

certification was amended on January 

12, 2009 to include workers of the 

Administrative Office working out of 

Fresh Meadow, New York and 

Commack, New York. The notice was 

published in the Federal Register on 

January 12, 2009 (74 FR 4462). 

At the request of the subject firm 

official, the Department reviewed the 

certification for workers of the subject 

firm. The workers are engaged in 

providing technical and administrative 

support services for the firm’s 

production of polyester and nylon 

fibers. 

New information shows that some of 

the workers’ wages are being reported 

under a separate unemployment 

insurance (UI) tax account for Fiber 

Industries, Inc. 

Accordingly, the Department is 

amending this certification to include 

workers of the subject firm whose UI 

wages are reported under the also 

known as name, Fiber Industries, Inc. 

The intent of the Department’s 

certification is to include all workers at 

Wellman, Incorporated, Administrative 

Offices, Fort Mill, South Carolina who 

were secondarily affected as an 

upstream supplier for a trade certified 

primary firm. 

The amended notice applicable to 

TA–W–61,347 and TA–W–61,347A is 

hereby issued as follows: 

‘‘All workers of Wellman, Incorporated, 

Administrative Offices, also known as Fiber 

Industries, Inc., Fort Mill, South Carolina, 

(TA–W–61,347), including employees in 

support of Wellman, Incorporated, 

Administrative Offices, also known as Fiber 

Industries, Inc., Fort Mill, South Carolina, 

located in Fresh Meadow, New York and 

Commack, New York, New York (TA–W– 

61,347A), who became totally or partially 

separated from employment on or after April 

11, 2006, through May 4, 2009, 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 14th day of 

May 2009. 

Linda G. Poole, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–14328 Filed 6–17–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–64,526A] 

North American Lighting, Inc., Salem, 

IL Plant, Including On-Site Leased 

Workers From Westaff, Manpower, and 

Salem Business Center, Salem, IL; 

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 April 21, 2009, applicable 

to workers of North American Lighting, 

Inc., Salem, IL Plant, Salem, Illinois 

including on-site leased workers from 

Westaff, Manpower, and Select. The 

notice was published in the Federal 

Register on May 7, 2009 (74 FR 21406). 

At the request of a company official, 

the Department reviewed the 

certification for workers of the subject 

firm. The workers are engaged in the 

production of exterior automotive 

lighting—signal lighting. 

The company reports that it 

incorrectly identified Select as one of 

the three leasing agencies with workers 

working on-site at the Salem, Illinois 

location of North American Lighting, 

Salem IL Plant. Salem Business Center 

is the third leasing agency, not Select. 

Accordingly, the Department is 

amending the certification to remove 

Select as the leasing agency and 

replacing it with workers from Salem 

Business Center working on-site at the 

Salem, Illinois location of the subject 

firm. 

The amended notice applicable to 

TA–W–64,526A is hereby issued as 

follows: 

All workers of North American Lighting, 

Salem, IL Plant, Salem, Illinois, including onsite leased workers from Westaff, Manpower, 

and Salem Business Center, who became 

totally or partially separated from 

employment on or after November 21, 2007 

through April 21, 2011, 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 14th day of 

May 2009. 

Linda G. Poole, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–14330 Filed 6–17–09; 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 May 11, 2009 through June 5, 

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 

28960 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 

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. 

TA–W–65,827; Plasma Automation, 

Inc., Meadville, PA: April 20, 2008. 

The following certifications have been 

issued. The requirements of Section 

222(a)(2)(B) (shift in production) of the 

Trade Act have been met. 

TA–W–65,653; Munson Machinery 

Company, Utica, NY: March 11, 

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) 

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–64,828; Thomasville Furniture 

Industries, Inc., Conover 5, A 

Subsidiary of Furniture Brands 

International, Conover, NC: January 

6, 2008. 

TA–W–65,542; Momentive Performance 

Materials, Formerly Known As 

General Electric Newark Quartz, 

Hebron, OH: April 11, 2008. 

TA–W–65,582; Collins and Aikman 

products Company, Corporate 

Headquarters, Detroit, MI: March 

10, 2008. 

TA–W–65,701; Imperium Grays Harbor, 

LLC, Hoquiam, WA: March 25, 

2008. 

TA–W–65,771; Weyerhaeuser NR 

Company, iLavel Division, 

Simsboro, LA: April 6, 2008. 

TA–W–65,800; Bernhardt Furniture 

Company, Corporate Office, Lenoir, 

NC: March 31, 2008. 

TA–W–65,337; Waverly Particleboard 

Company, LLC, Waverly, VA: 

February 20, 2008. 

TA–W–65,384; Quality Mold, Inc., Erie, 

PA: February 24, 2008. 

TA–W–65,643; Martin Aborn, Inc., Best 

Employment Agency, Hingham, 

MA: March 19, 2008. 

TA–W–65,687; Tawas Tool Company, A 

Subsidiary of Star Cutter Company, 

East Tawas, MI: March 26, 2008. 

TA–W–65,262; U.S. Steel Tubular 

Products, Inc., Including Paid under 

Star Tubular Services Div., Lone 

Star, TX: February 15, 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–65,736; Idex Solutions, Working 

on-site at Daimler Trucks, Portland, 

OR: April 1, 2008. 

TA–W–65,819; Williams International 

Company, LLC, Ogden, UT: April 

13, 2008. 

TA–W–65,296; ITW IMPRO, Mokena, IL: 

February 18, 2008. 

TA–W–65,727; Hirotec America, Inc., 

Astrum Contract Services, LLC, 

Auburn Hills, MI: March 31, 2009. 

TA–W–65,812; Weyerhaeuser Company, 

Dodson Veneer Technologies, 

Dodson, LA: April 15, 2008. 

TA–W–65,889; Cooper Tire and Rubber 

Company, Findlay, OH: May 5, 

2008. 

TA–W–65,904; Grand Rapids Controls, 

CTC Charlton Acquisition, On-Site 

Leased Workers From Manpower, 

Rockford, MI: April 8, 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–65,805; Weyerhaeuser NR 

Company, iLevel Division, Pine Hill, 

AL: April 14, 2008. 

TA–W–65,850; Mold A Matic 

Corporation—Mamco, Also Known 

As Mamco, Oneonta, NY: April 23, 

2008. 

The following certifications have been 

issued. The requirements of Section 

222(b) (downstream producer for a firm 

whose workers are certified eligible to 

Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 28961 

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. 

TA–W–65,827; Plasma Automation, 

Inc., Meadville, PA. 

The Department has determined that 

criterion (2) of Section 246 has not been 

met. Workers at the firm possess skills 

that are easily transferable. 

TA–W–65,653; Munson Machinery 

Company, Utica, NY. 

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. 

TA–W–65,836; EDS, an HP Company, 

Application Development 

Services—Landes Division, 

Kokomo, IN. 

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. 

None. 

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–65,138A; Sierra Pine, Martell 

Division, Martell, CA. 

TA–W–65,138; Sierra Pine, Rocklin 

Division, Rocklin, CA. 

TA–W–65,362; Governors America 

Corporation, Agawam, MA. 

TA–W–65,628; St. Marys Tool and Die 

Company, St. Marys, PA. 

TA–W–65,700; Weyerhaeuser, Raymond 

Lumbermill, Raymond, WA. 

TA–W–65,725; Roseburg Forest 

Products, Engineered Wood 

Division, Riddle, OR. 

TA–W–65,726; Caterpillar, Aurora, IL. 

TA–W–65,760; Classic Leather, Inc., 

Hickory, NC. 

TA–W–65,770A; Westport Shipyard, 

Inc., Hoquiam, WA. 

TA–W–65,770B; Westport Shipyard, 

Inc., Port Angeles, WA. 

TA–W–65,770C; Westport Shipyard, 

Inc., La Conner, WA. 

TA–W–65,770; Westport Shipyard, Inc., 

Westport, WA. 

The workers’ firm does not produce 

an article as required for certification 

under Section 222 of the Trade Act of 

1974. 

None. 

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 May 11, 

2009 through June 5, 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: June 12, 2009. 

Linda G. Poole, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–14327 Filed 6–17–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,467] 

Kenworth Truck Company, a 

Subsidiary of Paccar, Inc., Renton, 

WA; Notice of Negative Determination 

Regarding Application for 

Reconsideration 

By application dated May 7, 2009, 

International Association of Machinists 

and Aerospace Workers, District Lodge, 

No. 160 requested administrative 

reconsideration of the Department’s 

negative determination regarding 

eligibility to apply for Trade Adjustment 

Assistance (TAA) and Alternative Trade 

Adjustment Assistance (ATAA), 

applicable to workers and former 

workers of the subject firm. The denial 

notice was signed on April 14, 2009 and 

published in the Federal Register on 

April 30, 2009 (74 FR 19996). 

Pursuant to 29 CFR 90.18(c) 

reconsideration may be granted under 

the following circumstances: 

(1) If it appears on the basis of facts 

not previously considered that the 

determination complained of was 

erroneous; 

(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 initial investigation resulted in a 

negative determination based on the 

finding that imports of class 8 heavy 

duty trucks did not contribute 

importantly to worker separations at the 

subject facility and there was no shift of 

production to a foreign country. The 

subject firm did not import class 8 

heavy duty trucks during the relevant 

period. The ‘‘contributed importantly’’ 

test is generally demonstrated through a 

survey of the workers’ firm’s declining 

domestic customers. In this case the 

survey was not conducted because the 

customers purchased all Class 8 heavy 

duty trucks exclusively from the subject 

firm. 

The petitioner alleged that subject 

firm’s competitors import heavy trucks 

and parts of heavy trucks, thus having 

an advantage over the subject firm in 

locating potential customers. 

The impact of competitors on the 

domestic firms is revealed in an 

investigation through customer surveys 

and aggregate import analysis. In the 

case at hand, the Department solicited 

information from the customers of the 

subject firm to determine if customers 

purchased imported Class 8 heavy duty 

trucks. The information was intended to 

determine if competitor imports 

contributed importantly to layoffs at the 

subject firm. The investigation revealed 

no imports of Class 8 heavy duty trucks 

during the relevant period. The subject 

firm did not import class 8 heavy duty 

trucks nor was there a shift in 

production of class 8 heavy duty trucks 

from subject firm abroad during the 

relevant period. Furthermore, U.S. 

aggregate imports of Class 8 heavy duty 

trucks have been declining since 2006.