[Federal Register: June 18, 2009 (Volume 74, Number 116)]
[Notices]               
[Page 28956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn09-46]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,725]

 
Weather Shield Manufacturing, Inc., Corporate Office, Medford, 
WI; Notice of Affirmative Determination Regarding Application for 
Reconsideration

    By application dated May 26, 2009, petitioners requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA), 
applicable to workers and former workers of the subject firm. The 
denial notice was signed on April 29, 2009 and published in the Federal 
Register on May 18, 2009 (74 FR 23214).
    The negative determination was based on the Department's findings 
that imports of windows did not contribute importantly to worker 
separations at the subject facility and there was no shift of 
production to a foreign country. The ``contributed importantly'' test 
is generally demonstrated through a survey of the workers' firm's 
declining domestic customers. The survey of the major declining 
customers revealed no increasing imports of windows in 2008 when 
compared with 2007. The subject firm did not import windows during the 
relevant period.
    The petitioner alleged that Weather Shield has experienced declines 
in sales on the corporate-wide scale throughout the United States.
    The petition was filed specifically for the workers of the Weather 
Shield Manufacturing, Inc., Corporate Office in Milford, Wisconsin. The 
Department determined that workers of the subject firm are engaged in 
support functions such as administrative, human resources, accounting, 
sales, and marketing operations. It was also revealed that the workers 
of the subject firm support production of windows at various Weather 
Shield Manufacturing facilities. The Department has conducted 
investigation to determine there were shifts in production of windows 
from the production facilities to foreign countries, or whether imports 
of windows contributed importantly to worker separations. The 
investigation revealed that none of the production facilities which the 
workers of the subject firm support are import impacted and there was 
no shift in production from these facilities to a foreign country.
    A careful review of previously-submitted material shows that one of 
the facilities supported by workers of the Weather Shield 
Manufacturing, Inc., Corporate Office in Milford, Wisconsin, may have 
produced articles in addition to windows. Therefore, the Department 
will conduct further investigation to determine if the workers meet the 
eligibility requirements of the Trade Act of 1974, as amended.

Conclusion

    After careful review of the application, I conclude that the claim 
is of sufficient weight to justify reconsideration of the U.S. 
Department of Labor's prior decision. The application is, therefore, 
granted.

    Signed at Washington, DC, this 2nd day of June 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-14331 Filed 6-17-09; 8:45 am]

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