[Federal Register: October 18, 2004 (Volume 69, Number 200)]
[Notices]               
[Page 61407]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc04-91]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-54,484]

 
Cady Industries, Inc., Pearson, GA; Notice of Revised 
Determination on Reconsideration

    By letter postmarked June 8, 2004 (received July 7, 2004), a worker 
of Cady Industries, Inc., Pearson, Georgia requested administrative 
reconsideration regarding the Department's Negative Determination 
Regarding Eligibility to Apply for Worker Adjustment Assistance, 
applicable to the workers of the subject firm.
    The initial investigation, initiated on March 12, 2004, resulted in 
a negative determination based on the finding that imports of bulk bag 
fabric, silt fences, leno fabric, leno bags, polypropylene fabric, and 
polypropylene tubing did not contribute importantly to worker 
separations at the subject plant and no shift of production to a 
foreign source occurred. The negative determination was issued on April 
21, 2004. The Department's determination Notice was published in the 
Federal Register on June 2, 2004 (69 FR 31135).
    The Department had previously processed a request for 
reconsideration for workers of the subject firm. The earlier request 
was filed on May 11, 2004, by a company official.
    The May 11, 2004 request for reconsideration resulted in a 
dismissal of the application because no new information was presented 
that would bear importantly on Department's denial of the petition. The 
dismissal letter was signed on June 24, 2004. The Notice of Dismissal 
of Application for Reconsideration was issued on June 25, 2004 and 
published in the Federal Register on July 1, 2004 (69 FR 39968).
    On July 7, 2004, the Department received the subsequent request for 
reconsideration (June 8, 2004 postmarked letter) and conducted another 
reconsideration investigation.
    As part of the second reconsideration investigation, the Department 
further reviewed the initial investigation and engaged in a detailed 
re-evaluation of the customers' survey. The Department determined that 
a significant number of major declining customers contacted during the 
original investigation increased their imports of bulk bag fabric, silt 
fences, leno fabric, leno bags, polypropylene fabric, and polypropylene 
tubing in the relevant period. The imports accounted for a meaningful 
portion of the subject plant's lost sales and production.
    Prior to the issuance of a determination certifying the subject 
worker group, however, the Department was informed that the petitioner 
had filed an appeal with the U.S. Court of International Trade (USCIT) 
on June 21, 2004. As a result of the filing, the Department suspended 
the issuance of the revised determination.
    In its Motion for Voluntary Remand, the Department requested that 
it be permitted to render a revised determination for the subject 
worker group. On August 26, 2004, the USCIT granted the Department's 
motion.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department of Labor herein presents the results 
of its investigation regarding certification of eligibility to apply 
for alternative trade adjustment assistance (ATAA) for older workers.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the group eligibility requirements of Section 246 of 
the Trade Act must be met. The Department has determined in this case 
that the 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. Competitive conditions 
within the industry are adverse.

Conclusion

    After careful review of the complete administrative file, I 
conclude that increased imports of articles like or directly 
competitive with those produced at Cady Industries, Inc., Pearson, 
Georgia, contributed importantly to the declines in sales or production 
and to the total or partial separation of workers at the subject firm. 
In accordance with the provisions of the Act, I make the following 
certification:

    All workers of Cady Industries, Inc., Pearson, Georgia, who 
became totally or partially separated from employment on or after 
March 11, 2003 through two years from the date of this 
certification, are eligible to apply for 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 in Washington, DC this 30th day of September 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E4-2693 Filed 10-15-04; 8:45 am]

BILLING CODE 4510-30-P