[Federal Register: June 22, 2005 (Volume 70, Number 119)]
[Notices]
[Page 36207-36208]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn05-154]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-56,854]
Mettler-Toledo, Inc., Spartanburg Product Organization, Inman,
SC; Notice of Revised Determination on Reconsideration
By letter dated May 2, 2005 a company official 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 resulted in a negative determination
signed on April 18, 2005 was based on the finding that the worker group
does not produce an article within the meaning of Section 222 of the
Trade Act of 1974. The denial notice was published in the Federal
Register on May 16, 2005 (70 FR 25860).
The petitioner provided additional information relating to products
manufactured at the subject facility.
New information provided by the company illustrates that the
workers of
[[Page 36208]]
the subject firm were engaged in production of engineering models and
customer prototypes during the relevant period. Workers are not
separately identifiable by production line. The investigation also
revealed that sales, production and employment declined during the
relevant period. The investigation further revealed that company
imports of models and customer prototypes increased from 2003 to 2004
and during the period of January through March of 2005 when compared to
the same period in 2004.
The workers of Mettler-Toledo, Inc., Spartanburg Product
Organization, Inman, South Carolina were under an existing Trade
Adjustment Assistance (TAA) certification (TA-W-51,640) which expired
on April 25, 2005.
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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers' firm are
50 years of age or older.
2. Whether the workers in the workers' firm possess skills that are
not easily transferable.
3. The competitive conditions within the workers' industry (i.e.,
conditions within the industry are adverse).
The Department has determined that criterion (1) has not been met.
The investigation revealed that a not significant number of workers in
workers' firm are 50 years of age or older.
Conclusion
After careful review of the initial investigation, I conclude that
increased imports of articles like or directly competitive with those
produced at Mettler-Toledo, Inc., Spartanburg Product Organization,
Inman, South Carolina, 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 Mettler-Toledo, Inc., Spartanburg Product
Organization, Inman, South Carolina, who became totally or partially
separated from employment on or after April 26, 2005 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 denied alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.''
Signed in Washington, DC, this 8th day of June, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-3229 Filed 6-21-05; 8:45 am]
BILLING CODE 4510-30-P