[Federal Register: March 4, 2009 (Volume 74, Number 41)]
[Notices]
[Page 9430-9431]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr09-75]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-64,190]
Hafner USA, Inc., New York, NY; Notice of Negative Determination
on Reconsideration
On January 13, 2009, the Department issued an Affirmative
Determination Regarding Application for Reconsideration of the negative
determination regarding workers' eligibility to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA) applicable to workers and former workers of Hafner USA, Inc.,
New York, New York (subject firm). The Department's Notice was
published in the Federal Register on January 26, 2009 (74 FR 4460).
The initial determination was based on the Department's findings
that the subject worker group does not support a firm or appropriate
subdivision that produces an article domestically.
In order to apply for TAA based on increased imports, the subject
worker group must meet the group eligibility requirements under Section
222(a) of the Trade Act of 1974, as amended. Under Section
222(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.
[[Page 9431]]
29 CFR 90.2 states that a group means ``three or more workers in a
firm or an appropriate subdivision thereof'' and that a significant
number or proportion of the workers means ``at least three workers in a
firm (or appropriate subdivision thereof) with a work force of fewer
than 50 workers.'' The regulation also states that ``increased imports
means that imports have increased either absolutely or relative to
domestic production compared to a representative base period. The
representative base period shall be one year consisting of the four
quarters immediately preceding the date which is twelve months prior to
the date of the petition.''
Because the petition date is October 3, 2008, the relevant period
(the twelve months prior to the date of the petition) is October 2007
through September 2008 and the representative base period is October
2006 through September 2007.
The Department has carefully reviewed information submitted during
the initial and reconsideration investigations. The Department
determines that the petition did not cover a valid worker group (the
group consisted of only two workers at the subject firm) and that,
during relevant period, less that three workers were separated or were
threatened with separation from the subject firm.
Based on the information above, the Department determines that the
group eligibility requirements under Section 222(a) of the Trade Act of
1974, as amended, were not met.
Even if there was a valid worker group and the worker separation
threshold was met, the Department would not have issued a certification
applicable to the subject worker group.
During the reconsideration investigation, the Department confirmed
that the subject firm ceased production in the United Stated in 2005.
The North Carolina facility identified in the request for
reconsideration was a marketing office. The Virginia facility
identified in the request for reconsideration (Hafner LLC, a subsidiary
of Hafner, Inc., Gordonsville, Virginia) was certified on May 16, 2005
(TA-W-57,119) based on a shift of production to Canada.
Because there was no domestic production during the relevant
period, the Department determines that there was no domestic production
that increased imports could have impacted. Further, the Department
determines that there was no shift of production to a foreign country
during the relevant period.
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 reconsideration, I affirm the original notice of negative
determination of eligibility to apply for worker adjustment assistance
for workers and former workers of Hafner USA, Inc., New York, New York.
Signed at Washington, DC, this 24th day of February 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-4546 Filed 3-3-09; 8:45 am]
BILLING CODE 4510-FN-P