[Federal Register: February 22, 2005 (Volume 70, Number 34)]
[Notices]               
[Page 8640]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22fe05-138]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-55,216]

 
ITW Insulation Systems, Nitro, WV; Notice of Negative 
Determination on Reconsideration

    On January 11, 2005, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The notice was published in the 
Federal Register on January 21, 2005 (70 FR 3227).
    The petition for the workers of ITW Insulation Systems, Nitro, West 
Virginia engaged in production of metal jacketing and industrial 
thermal insulation applications was denied because the ``contributed 
importantly'' group eligibility requirement of Section 222 of the Trade 
Act of 1974, as amended, was not met. The ``contributed importantly'' 
test is generally demonstrated through a survey of the workers' firm's 
customers. The survey revealed no increase of imports of metal 
jacketing an industrial thermal insulation applications during the 
relevant period. The subject firm did not import metal jacketing and 
industrial thermal insulation applications in the relevant period nor 
did it shift production to a foreign country.
    In the request for reconsideration, the petitioner requests to 
extend the period for investigation beyond the relevant time period.
    A review of the original investigation confirmed that the subject 
firm ceased its production on June 30, 2004. All the surveys and data 
requested from the subject firm and its customers reflected this date. 
The Department considers import impact in terms of the relevant period 
of the current investigation; therefore import impact that is outside 
the relevant period are irrelevant. The Department must conform to the 
Trade Act and associated regulations.
    The petitioner further requested to extend the survey of customers 
to include those in the northeast.
    Additional list of customers was requested from the subject firm. 
As a result, six additional largest customers were surveyed in the 
reconsideration process. These customers reported no imports of like or 
directly competitive products with those manufactured by the subject 
firm during the relevant period.
    The petitioner also alleges that the subject firm ``will be 
supplying their customer base from their facility in Canada.''
    A company official was contacted regarding the above allegation. 
The company official stated that no production has been shifted from 
the subject firm to Canada, nor is the United States operation 
importing from Canada.

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 9th day of February, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 05-3355 Filed 2-18-05; 8:45 am]

BILLING CODE 4510-30-M