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3888 Federal Register / Vol. 71, No.

15 / Tuesday, January 24, 2006 / Notices

STAT, Aerotek, Will Rogers, issued during the month of January eligibility for workers and former
Richmond, VA, November 28, 2004. 2006. Copies of these determinations are workers of the subject firm to apply for
TA–W–58,388; Chuan Hing Sewing, Inc., available for inspection in Room C– Trade Adjustment Assistance (TAA) and
San Francisco, CA, November 21, 5311, U.S. Department of Labor, 200 Alternative Trade Adjustment
2004. Constitution Avenue, NW., Washington, Assistance (ATAA). The denial notice
TA–W–58,456; WestPoint Home, Inc., DC 20210, during normal business was signed on November 10, 2005 and
Bath Products Div., Ambassador hours or will be mailed to persons who published in the Federal Register on
Personnel, Valley, AL, December 2, write to the above address. December 6, 2005 (70 FR 72653).
2004. Pursuant to 29 CFR 90.18(c)
Dated: January 12, 2006.
TA–W–58,327; Hewlett Packard, reconsideration may be granted under
Erica R. Cantor,
Ontario, CA, November 10, 2004. the following circumstances:
TA–W–58,526; IPF Management Director, Division of Trade Adjustment (1) If it appears on the basis of facts
Assistance. not previously considered that the
Company, Inc., d/b/a Invincible IPF,
Paterson, NJ, December 20, 2004. [FR Doc. E6–803 Filed 1–23–06; 8:45 am] determination complained of was
BILLING CODE 4510–30–P erroneous;
Negative Determinations for Alternative (2) If it appears that the determination
Trade Adjustment Assistance complained of was based on a mistake
DEPARTMENT OF LABOR in the determination of facts not
In order for the Division of Trade
Adjustment Assistance to issue a previously considered; or
Employment and Training (3) If in the opinion of the Certifying
certification of eligibility to apply for Administration
Alternative Trade Adjustment Officer, a misinterpretation of facts or of
Assistance (ATAA) for older workers, [TA–W–58,309] the law justified reconsideration of the
the group eligibility requirements of decision.
OBG Manufacturing Company; Liberty, The TAA petition, filed on behalf of
Section 246(a)(3)(A)(ii) of the Trade Act
KY; Dismissal of Application for workers at Plasti-Coil, Inc., Lake
must be met.
Reconsideration Geneva, Wisconsin engaged in
In the following cases, it has been
production of custom injection molding
determined that the requirements of Pursuant to 29 CFR 90.18(C) an was denied because the ‘‘contributed
Section 246(a)(3)(ii) have not been met application for administrative importantly’’ group eligibility
for the reasons specified. reconsideration was filed with the requirement of Section 222 of the Trade
Since the workers are denied Director of the Division of Trade Act of 1974 was not met, nor was there
eligibility to apply for TAA, the workers Adjustment Assistance for workers at a shift in production from that firm to
cannot be certified eligible for ATAA. OBG Manufacturing Company, Liberty, a foreign country. The ‘‘contributed
TA–W–58,487; U.S. Airways, Greentree Kentucky. The application did not importantly’’ test is generally
Reservations, Pittsburgh, PA. contain new information supporting a demonstrated through a survey of the
TA–W–58,274; Saint-Gobain Container, conclusion that the determination was workers’ firm’s declining customers.
Carteret, NJ. erroneous, and also did not provide a The survey revealed no increase in
TA–W–58,421; Sony Electronics, Direct justification for reconsideration of the imports of custom injection molding.
View CRT, Mt. Pleasant, PA. determination that was based on either The subject firm did not import custom
TA–W–58,481; Collins and Aikman, mistaken facts or a misinterpretation of injection molding in the relevant period,
Southwest Laminates, Inc. Division, facts or of the law. Therefore, dismissal nor did it shift production to a foreign
El Paso, TX. of the application was issued. country.
The Department as determined that TA–W–58,309; OBG Manufacturing In the request for reconsideration, the
criterion (1) of Section 246 has not been Company, Liberty, Kentucky petitioner alleges that the layoffs at the
met. Workers at the firm are 50 years of (January 11, 2006). subject firm are attributable to a shift in
age or older. production to China. To support the
Signed at Washington, DC this 11th day of
None. January 2006. allegations, the petitioner attached a
The Department as determined that copy of the letter from the subject firm’s
Erica R. Cantor,
criterion (2) of Section 246 has not been company official stating that ‘‘a
met. Workers at the firm possess skills Director, Division of Trade Adjustment
Assistance. significant portion of the business has
that are easily transferable. been transferred to China’’.
[FR Doc. E6–802 Filed 1–23–06; 8:45 am]
TA–W–58,295; Pixelworks, Inc., A company official was contacted
BILLING CODE 4510–30–P
Tualatin, OR. regarding the above allegations. The
TA–W–58,295A; Pixelworks, Inc., company official confirmed what was
Campbell, CA. revealed during the initial investigation.
DEPARTMENT OF LABOR
TA–W–58,070; Carrier Access In particular, the official stated that
Corporation, Boulder, CO. Employment and Training Plasti-Coil, Inc., Lake Geneva,
TA–W–58,401; Accutech Mold and Administration Wisconsin was contemplating to move
Engineering, Little Falls, MN. portion of its production to China,
TA–W–57,987; Sun Chemical, [TA–W–58,047] however, the shift did not occur and
Performance Pigments Division, there are no current plans to move
Cincinnati, OH. Plasti-Coil, Inc.; Lake Geneva, WI;
production from the subject firm to a
Notice of Negative Determination
The Department as determined that foreign country. The official further
Regarding Application for
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criterion (3) of Section 246 has not been clarified that the letter mentioned by the
Reconsideration
met. Competition conditions within the petitioner meant that the subject firm’s
workers’ industry are not adverse. By application of December 8, 2005 a customers transferred significant
None. petitioner requested administrative volumes of their business to China and
I hereby certify that the reconsideration of the Department’s other Asian countries, which had a
aforementioned determinations were negative determination regarding negative impact on production of the

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Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Notices 3889

subject firm. The subject firm did not importantly to the declines in sales and DEPARTMENT OF LABOR
shift production of custom injection employment at the subject firm. The
molding abroad. investigation further revealed that sales, Employment and Training
production and employment at the Administration
Conclusion
subject firm declined during the [TA–W–57,838]
After review of the application and relevant time period.
investigative findings, I conclude that Texstyle, Inc., Manchester, KY; Notice
there has been no error or In accordance with Section 246 the
Trade Act of 1974 (26 U.S.C. 2813), as of Affirmative Determination Regarding
misinterpretation of the law or of the Application for Reconsideration
facts which would justify amended, the Department of Labor
reconsideration of the Department of herein presents the results of its By application of October 17, 2005,
Labor’s prior decision. Accordingly, the investigation regarding certification of petitioners requested administrative
application is denied. eligibility to apply for alternative trade reconsideration of the Department of
Signed at Washington, DC this 13th day of adjustment assistance (ATAA) for older Labor’s Notice of Negative
January, 2006. workers. Determination Regarding Eligibility to
Elliott S. Kushner, In order for the Department to issue Apply for Worker Adjustment
Certifying Officer, Division of Trade a certification of eligibility to apply for Assistance, applicable to workers of
Adjustment Assistance. ATAA, the group eligibility TexStyle, Inc., Manchester, Kentucky
[FR Doc. E6–801 Filed 1–23–06; 8:45 am] (the subject firm). The negative
requirements of Section 246 of the
determination for the subject firm was
BILLING CODE 4510–30–P Trade Act must be met. The Department
issued on September 15, 2005, and
has determined in this case that the
published in the Federal Register on
requirements of Section 246 have been October 31, 2005 (70 FR 62345).
DEPARTMENT OF LABOR
met. Under a prior certification (TA–W–
Employment and Training A significant number of workers at the 51,404), workers were eligible to apply
Administration firm are age 50 or over and possess for worker adjustment assistance (issued
[TA–W–57,945; TA–W–57,945A] skills that are not easily transferable. on April 21, 2003; expired on April 21,
Competitive conditions within the 2005). The investigation instituted on
Polyvision Corporation; 13646 Route industry are adverse. August 25, 2005, revealed that the
402 Highway North Facility; Clymer, workers did not produce an article or
PA; 2170 Barr Slope Road Facility; Conclusion support an affiliated domestic
Dixonville, PA; Notice of Revised After careful review of the additional production facility during the relevant
Determination on Reconsideration period.
facts obtained on reconsideration, I
New information provided on
By letter dated December 5, 2005, conclude that increased imports of
December 1, 2005 by the subject firm
Greater Pennsylvania Regional Council articles like or directly competitive with
revealed that some production did occur
of Carpenters requested administrative those produced at Polyvision at TexStyle, Inc., Manchester, Kentucky
reconsideration regarding the Corporation, Clymer, Pennsylvania during the relevant period.
Department’s Negative Determination (TA–W–57,945) and Polyvision The Department carefully reviewed
Regarding Eligibility to Apply for Corporation, Dixonville, Pennsylvania the petitioners’ request for
Worker Adjustment Assistance, (TA–W–57,945A), contributed reconsideration and has determined that
applicable to the workers of the subject importantly to the declines in sales or the Department will conduct further
firm. production and to the total or partial investigation based on new information
The initial investigation resulted in a separation of workers at the subject provided by the subject firm.
negative determination signed on firm. In accordance with the provisions
October 21, 2005 and was based on the of the Act, I make the following Conclusion
finding that imports of casework After careful review of the
certification:
cabinets, marker and tack boards did not application, I conclude that the claim is
contribute importantly to worker ‘‘All workers of Polyvision Corporation,
Clymer, Pennsylvania (TA–W–57,945) and
of sufficient weight to justify
separations at the subject plant and no reconsideration of the Department of
shift of production to a foreign source Polyvision Corporation, Dixonville,
Pennsylvania (TA–W–57,945A) who became Labor’s prior decision. The application
occurred. The denial notice was is, therefore, granted.
published in the Federal Register on totally or partially separated from
November 9, 2005 (70 FR 68099). employment on or after September 8, 2004 Signed at Washington, DC, this 22nd day
To support the request for through two years from the date of this of December 2005.
reconsideration, the petitioner supplied certification, are eligible to apply for Elliott S. Kushner,
additional information. The Department adjustment assistance under Section 223 of Certifying Officer, Division of Trade
of Labor reviewed surveys of the firms the Trade Act of 1974, and are eligible to Adjustment Assistance.
to which the subject facility submitted apply for alternative trade adjustment [FR Doc. E6–799 Filed 1–23–06; 8:45 am]
bids and was not subsequently awarded assistance under Section 246 of the Trade Act BILLING CODE 4510–30–P
the contracts. A further contact with the of 1974.’’
surveyed companies revealed the fact Signed in Washington, DC this 13th day of
that all the bids were awarded to January 2006. DEPARTMENT OF LABOR
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domestic bidders who manufacture case Elliott S. Kushner,


work cabinets, market boards and tack Mine Safety and Health Administration
Certifying Officer, Division of Trade
boards abroad. The loss of these Adjustment Assistance. Petitions for Modification
contracts as a result of increased [FR Doc. E6–800 Filed 1–23–06; 8:45 am]
imports of case work cabinets, market The petition for modification notice
BILLING CODE 4510–30–P
boards and tack boards contributed published in the Federal Register on

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