[Federal Register: June 2, 2005 (Volume 70, Number 105)]
[Notices]               
[Page 32372]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn05-96]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,286]

 
Duracell, a Division of the Gillette Company, Lexington, NC; 
Notice of Revised Determination on Reconsideration

    By letter postmarked April 15, 2005 a petitioner 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 engaged in 
the production of high power lithium film camera batteries.
    The initial investigation resulted in a split determination signed 
on March 2, 2005. The investigation revealed that workers at the 
subject facility are separately identifiable as workers engaged in the 
packaging of zinc air hearing aid batteries and workers engaged in the 
production of high power lithium film camera batteries. Based on the 
investigation results, the first group was certified eligible for Trade 
Adjustment Assistance and Alternative Trade Adjustment Assistance, 
while the second group was denied these benefits. The negative 
determination was based on the finding that imports of high power 
lithium film camera batteries did not contribute importantly to worker 
separations at the subject plant and no shift of production to a 
foreign source occurred. The notice was published in the Federal 
Register on April 1, 2005 (70 FR 16846).
    In the request for reconsideration the petitioner alleges that all 
workers of the subject firm have been cross-trained to perform various 
tasks within the subject firm and are not separately identifiable by 
the products manufactured.
    A company official was contacted to verify these allegations. The 
company official stated that the information provided by the subject 
firm to the Department during the initial investigation was not 
detailed. The official further stated that in fact, employees of 
Duracell in Lexington, North Carolina are cross-trained to perform 
multiple tasks and it is impossible to separate them according to the 
production lines. Therefore, workers of the subject firm are not 
separately identifiable.
    In accordance with Section 246 of 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 initial investigation, I determine that 
there was a shift in production from the workers' firm or subdivision 
to a foreign country of articles that are like or directly competitive 
with those produced by the subject firm or subdivision, and there has 
been or is likely to be an increase in imports of like or directly 
competitive articles. In accordance with the provisions of the Act, I 
make the following certification:

    All workers of Duracell, a division of the Gillette Company, 
Lexington, North Carolina, who became totally or partially separated 
from employment on or after December 30, 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 19th day of May, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-2797 Filed 6-1-05; 8:45 am]

BILLING CODE 4510-30-P