[Federal Register: November 7, 2008 (Volume 73, Number 217)]
[Notices]
[Page 66274-66275]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no08-83]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-63,713]
Canterbury Printing Company of Rome Incorporated, Rome, New York;
Notice of Negative Determination on Reconsideration
On September 17, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the workers
and former workers of Canterbury Printing Company of Rome Incorporated,
Rome, New York (subject firm). The Department's Notice of affirmative
determination was published in the Federal Register on September 24,
2008 (73 FR 55137). Workers produce printed materials including
postcards, calendars, and journals.
The Department's determination regarding the subject workers'
eligibility to apply for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA) was based on the
Department's findings that, during the relevant period, there were no
increased imports by the subject firm or its major declining customer
or a shift of production by the subject firm to a foreign country.
In the request for administrative reconsideration, the Graphic
Communications Conference of the International Brotherhood of Teamsters
Union, Local 503-M, alleged that increased imports contributed to the
closure of the subject firm.
In order to apply for TAA, petitioners must meet the worker group
eligibility requirements for directly-impacted (primary) workers under
Section 222(a) the Trade Act of 1974, as amended. The eligibility
requirements can be met by satisfying either Section (a)(2)(A) or
Section (a)(2)(B).
Under Section (a)(2)(A), the following criteria must be met:
A. A significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm, have become
totally or partially separated, or are threatened to become totally or
partially separated; and
B. The sales or production, or both, of such firm or subdivision
have decreased absolutely; and
C. Increased imports of articles like or directly competitive with
articles produced by such firm or subdivision have contributed
importantly to such workers' separation or threat of separation and to
the decline in sales or production of such firm or subdivision.
Under Section (a)(2)(B), the following criteria must be met:
A. A significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm, have become
totally or partially separated, or are threatened to become totally or
partially separated; and
B. There has been a shift in production by such workers' firm or
subdivision to a foreign country of articles like or directly
competitive with articles which are produced by such firm or
subdivision; and
C. One of the following must be satisfied:
1. The country to which the workers' firm has shifted production of
the articles is a party to a free trade agreement with the United
States; or
2. The country to which the workers' firm has shifted production of
the articles is a beneficiary country under the Andean Trade Preference
Act, African Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
3. There has been or is likely to be an increase in imports of
articles that are like or directly competitive with articles which are
or were produced by such firm or subdivision.
During the reconsideration investigation, the Department confirmed
that the subject firm closed permanently in July 2008. Therefore, the
Department affirms that the first two criteria of Section 222(a)(2)(A)
have been met.
Based on the allegations in the request for reconsideration, the
scope of the reconsideration investigation is limited to whether or not
the third criteria in Section 222(a)(2)(A) has been met (increased
imports of articles like or directly competitive with those produced by
the subject firm contributed importantly to the workers' separation and
to subject firm sales or production declines).
During the reconsideration investigation, the Department confirmed
that the subject firm did not import printed material or articles like
or
[[Page 66275]]
directly competitive with printed material.
On reconsideration, the Department contacted the subject firm's
major declining customer that was surveyed during the initial
investigation, and confirmed that the customer did not import articles
like or directly competitive with the printed material produced by the
subject firm. The customer also stated that it ceased purchasing from
the subject firm because it transferred to a Web-based publication. The
move from the print medium to an electronic medium was due to the
interactive nature of the electronic medium and the customer's
advertisers' demands.
During the reconsideration investigation, the Department contacted
a previously-unidentified customer of the subject firm and was informed
that this customer did not award the subject firm the contract for
printing its 2008 catalogue of products. Although the customer did
consider awarding the contract to a Chinese company, the contract was
awarded to a domestic company.
During the reconsideration investigation, the Department obtained
information regarding the printing industry in general. The information
indicates that the rise of the digital media--and the attending changes
in technology (such as new equipment and computer programs), operating
procedures (like ``on demand'' or ``short run'' printing), and
customers' demands (including access to Internet links and ``pop up''
advertisements)--is the major factor in the decline in the printing
industry. The fast-paced changes in this industry brought about by the
ever-changing nature of the digital media, compounded by aging
infrastructure and the higher postage costs, have contributed to the
closure of companies unable to adapt to the changing environment.
Based on findings in the initial investigation and the
reconsideration investigation, the Department determines that increased
imports did not contribute importantly to the subject workers'
separations and subject firm sales/production declines. Therefore, the
Department affirms that Section 222(a)(2)(A)(C) has not been met.
In order for the Department to issue a certification of eligibility
to apply for Alternative Trade Adjustment Assistance (ATAA), the
subject worker group must be certified eligible to apply for Trade
Adjustment Assistance (TAA). Since the subject workers are denied
eligibility to apply for TAA, the workers cannot be certified eligible
for ATAA.
Conclusion
After careful reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker adjustment
assistance for workers and former workers of Canterbury Printing
Company of Rome Incorporated, Rome, New York.
Signed at Washington, DC this 27th day of October 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-26537 Filed 11-6-08; 8:45 am]
BILLING CODE 4510-FN-P