[Federal Register: November 22, 2006 (Volume 71, Number 225)]
[Notices]
[Page 67645-67646]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no06-116]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-59,847]
Label World Incorporated Rochester, NY, Notice of Revised
Determination on Reconsideration
By letter dated October 5, 2006, 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 Label World Incorporated,
Rochester, New York (subject firm). The Department's determination was
issued on August 25, 2006. The Department's Notice of determination was
published in the Federal Register on September 13, 2006 (71 FR 54095).
Workers produce die-cut thermal media and labels for home photo
printing.
The petition alleges that the subject firm shifted production
abroad and provided information that implied that the subject firm's
major customer was importing from Mexico.
The denial was based on the Department's findings that the subject
firm did not shift abroad, that neither the subject firm nor the firm's
customer increased imports of thermal media or labels during the
relevant period, and that the firm's major customer is transferring its
reliance of thermal media and labels from the subject firm to a Mexican
facility but will not import like or directly competitive articles.
In the request for reconsideration, the company official states
that the subject firm supplied a component part of an article that was
produced by a customer who shifted production of the final product to
Mexico.
Although secondary impact (the subject firm is a supplier of a
component part for a TAA-certified firm and loss of business with the
TAA-certified customer contributed importantly to the workers'
separations) was not apparent in the petition, the Department
determined that to conduct such an investigation is in the best
interest of the separated workers.
The reconsideration investigation revealed that the subject firm
produced and packaged cut media paper, which was supplied to a TAA-
certified firm (Eastman Kodak Company, Rochester Film Finishing
Division, Rochester, New York; TA-W-58,105) to be incorporated into the
final product (Kodak Color Cartridge and Photo Paper
[[Page 67646]]
Kit). Following the loss of cut media paper business with this company,
the subject firm ceased production of cut media paper and separated the
subject workers (July 2006).
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 information obtained in the
reconsideration investigation, I determine that workers of Label World
Incorporated, Rochester, New York qualify as adversely affected
secondary workers under Section 222 of the Trade Act of 1974, as
amended. In accordance with the provisions of the Act, I make the
following certification:
All workers of Label World Incorporated, Rochester, New York,
who became totally or partially separated from employment on or
after July 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 eligible to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, DC this 9th day of November 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-19716 Filed 11-21-06; 8:45 am]
BILLING CODE 4510-30-P