[Federal Register: May 2, 2005 (Volume 70, Number 83)]
[Notices]
[Page 22708-22709]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02my05-102]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-56,152 and TA-W-56,152A]
Flowline Division, of Markovitz Enterprises, Inc., New Castle,
PA; Flowline Division, of Markovitz Enterprises, Inc., Whiteville, NC;
Notice of Determinations Regarding Application for Reconsideration
By application of February 24, 2005 a company official requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former workers of
the subject firms to apply for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA). The denial notice was
signed on January 13, 2005 and published in the Federal Register on
February 7, 2005 (70 FR 6459).
The TAA petition, filed on behalf of workers at Flowline Division
of Markovitz Enterprises, Inc., New Castle, Pennsylvania (TA-W-56,152)
and Flowline Division of Markovitz Enterprises, Inc., Whiteville, North
Carolina (TA-W-56,152A) engaged in production of stainless steel butt-
weld fittings was denied because the criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) Section 222 of the Trade Act of 1974 were not met.
Firm's sales and production for stainless steel butt-weld fittings
increased from January through November of 2004 when compared to the
same period in 2003. The firm did not shift production of stainless
steel butt-weld fittings to a foreign country during the relevant
period.
In the request for reconsideration, the petitioner requested an
additional analysis of the subject firm's sales, production and
employment during the relevant time period.
The Department requested additional information regarding the dates
of the separations of the workers of the subject firm in order to
establish the relevant base period for sales and production. The review
of the obtained information established the fact that the majority of
the layoffs at Flowline Division of Markovitz Enterprises, Inc., New
Castle, Pennsylvania occurred in the first quarter of 2004.
Consequently, sales, production and imports for 2002 and 2003 are
relevant in this case. It was further revealed that sales and
production declined significantly from 2002 to 2003. Furthermore, the
investigation revealed that the subject firm increased its imports of
stainless steel butt-weld fittings during the relevant time period.
The reconsideration established that only one worker was separated
from Flowline Division of Markovitz Enterprises, Inc., Whiteville,
North Carolina (TA-W-56,152A) during the relevant time period. This
fact was not documented during the original investigation based on the
information provided by the company official.
When assessing eligibility for TAA, the Department makes its
determinations based on the requirements as outlined in Section 222 of
the Trade Act. The investigation revealed that Flowline Division of
Markovitz Enterprises, Inc., Whiteville, North Carolina did not
separate or threaten to separate a significant number or proportion of
workers as required by Section 222 of the Trade Act of 1974.
Significant number or proportion of the workers in a firm or
appropriate subdivision thereof, means that at least three workers with
a workforce of fewer than 50 workers, five percent of the workers with
a workforce over 50 workers, or fifty workers. As the total separated
worker number was one during the relevant period, workers of Flowline
Division of Markovitz Enterprises, Inc., Whiteville, North Carolina do
not meet the group eligibility requirements for trade adjustment
assistance.
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 worker group must be certified eligible to apply
for trade adjustment assistance (TAA), and the group eligibility
requirements of Section 246 of the Trade Act must be met.
Since the workers of Flowline Division of Markovitz Enterprises,
Inc., Whiteville, North Carolina (TA-W-56,152A) are denied eligibility
to apply for TAA, the workers cannot be certified eligible for ATAA.
The Department further determined that the requirements of Section
246 have been met for workers of Flowline Division of Markovitz
Enterprises, Inc., New Castle, Pennsylvania (TA-W-56,152). 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 facts obtained in the investigation, I
determine that increases of imports of articles like or directly
competitive with articles produced by Flowline Division of Markovitz
Enterprises, Inc., New Castle, Pennsylvania (TA-W-56,152) contributed
importantly to the total or partial separation of workers and to the
decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
``All workers of the Flowline Division of Markovitz Enterprises,
Inc., New Castle, Pennsylvania (TA-W-56,152), who became totally or
partially separated from employment on or after December 2, 2003
[[Page 22709]]
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.''
and;
``I further determine that all workers at Flowline Division of
Markovitz Enterprises, Inc., Whiteville, North Carolina (TA-W-
56,152A) are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974 and are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.''
Signed at Washington, DC, this 14th day of April, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-2075 Filed 4-29-05; 8:45 am]
BILLING CODE 4510-30-P