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Federal Register / Vol. 70, No.

16 / Wednesday, January 26, 2005 / Notices 3731

Signed at Washington, DC, this 20th day of Signed in Washington, DC, this 12th day of (1) If it appears on the basis of facts
December 2004. January, 2005. not previously considered that the
Linda G. Poole, Elliott S. Kushner, determination complained of was
Certifying Officer, Division of Trade Certifying Officer, Division of Trade erroneous;
Adjustment Assistance. Adjustment Assistance. (2) If it appears that the determination
[FR Doc. E5–267 Filed 1–25–05; 8:45 am] [FR Doc. E5–269 Filed 1–25–05; 8:45 am] complained of was based on a mistake
BILLING CODE 4510–30–P BILLING CODE 4510–30–P in the determination of facts not
previously considered; or
(3) If in the opinion of the Certifying
DEPARTMENT OF LABOR DEPARTMENT OF LABOR Officer, a mis-interpretation of facts or
of the law justified reconsideration of
Employment and Training Employment and Training the decision.
Administration Administration The petition for the workers of The
Boeing Company, Long Beach Division,
[TA–W–55,518] [TA–W–56,207] Long Beach, California was denied
BASF Corporation, Freeport, TX; because criterion (1) was not met. The
Beverage-Air Abbeville County subject facility did not separate or
Notice of Affirmative Determination Factory; Honea Path, SC; Notice of
Regarding Application for threaten to separate a significant
Termination of Investigation number or proportion of workers as
Reconsideration
Pursuant to section 221 of the Trade required by section 222 of the Trade Act
By application of October 15, 2004, a Act of 1974, as amended, an of 1974.
petitioner requested administrative investigation was initiated on December The petitioner alleges that the workers
reconsideration of the Department of 13, 2004 in response to a petition filed of the 717 commercial aircraft program
Labor’s Notice of Negative by a company official on behalf of are separately identifiable from the rest
Determination Regarding Eligibility to workers at Beverage-Air, Abbeville of the workforce at the subject facility,
Apply for Worker Adjustment County Factory, Honea Path, South and that there have been significant
Assistance, applicable to workers of the Carolina. declines in employment within the 717
subject firm. The negative determination program.
The petitioner has requested that the
for the workers of BASF Corporation, A company official was contacted in
petition be withdrawn. Consequently,
Freeport, Texas was signed on October regards to these allegations. The
the investigation has been terminated.
4, 2004, and the Department’s notice of company official confirmed that the
determination was published in the Signed at Washington, DC this 14th day of workers of the 717 commercial aircraft
January, 2005. program are separately identifiable from
Federal Register on October 26, 2004
(69 FR 62461). Elliott S. Kushner, the rest of the workforce at the subject
The initial investigation found that Certifying Officer, Division of Trade facility, and provided employment
workers are separately identifiable by Adjustment Assistance. figures for the 717 commercial aircraft
product line (polycaprolactum, oxo, [FR Doc. E5–275 Filed 1–25–05; 8:45 am] program at the subject facility for end of
diols, and acrylic monomers), that BILLING CODE 4510–30–P year 2002, end of year 2003, and mid-
polycaprolactum, oxo and diol December 2004.
production increased during the Employment figures for the 717
relevant period, and that the subject DEPARTMENT OF LABOR commercial aircraft program at the
company neither increased imports of subject facility showed an increase in
acrylic monomers during the relevant Employment and Training employment from 2002 to 2003.
period nor shifted acrylic monomer Administration Furthermore, although there was a slight
production abroad. employment decline within the 717
[TA–W–55,361]
In the request for reconsideration, the program at the subject facility from 2003
petitioner alleged that the subject firm The Boeing Company, Long Beach to December 2004, the subject division
has shifted acrylic monomer production Division, Long Beach, California; did not separate or threaten to separate
to China. Notice of Negative Determination a significant number or proportion of
The Department has carefully Regarding Application for workers as required by section 222 of
reviewed the petitioner’s request for Reconsideration the Trade Act of 1974. Significant
reconsideration and previously number or proportion of the workers
submitted documents, and has By application of October 14, 2004, a means that total or partial separations,
determined that the petitioner has representative of the International or both, in a firm or appropriate
provided additional information and Union, United Automobile, Aerospace, subdivision thereof, are the equivalent
that the subject worker group was and Agricultural Implement Workers of to a total unemployment of five percent
erroneously categorized. Therefore, the America, Local 148, requested (5 percent) of the workers or 50 workers,
Department will conduct further administrative reconsideration of the whichever is less. Separations by the
investigation to determine if the workers Department’s negative determination subject facility, and by the 717
meet the eligibility requirements of the regarding eligibility to apply for Trade commercial aircraft division within the
Trade Act of 1974. Adjustment Assistance (TAA), subject facility, did not meet this
applicable to workers and former threshold level.
Conclusion workers of the subject firm. The denial The petitioner also provided
After careful review of the notice was signed on September 2, 2004, information showing employment
application, I conclude that the claim is and published in the Federal Register declines within the Boeing commercial
of sufficient weight to justify on October 8, 2004 (69 FR 60425). aircraft program nationwide and in
reconsideration of the Department of Pursuant to 29 CFR 90.18(c) California, but not specifically at the
Labor’s prior decision. The application reconsideration may be granted under subject facility. When assessing
is, therefore, granted. the following circumstances: eligibility for TAA, the Department

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3732 Federal Register / Vol. 70, No. 16 / Wednesday, January 26, 2005 / Notices

makes its determinations based on the this case would serve no purpose, and 15, 2004. The notice of determination
requirements as outlined in section 222 the investigation has been terminated. was published in the Federal Register
of the Trade Act. In particular, the Signed at Washington, DC this 27th day of on November 12, 2004 (69 FR 65462).
Department considers the relevant December 2004. Pursuant to 29 CFR 90.18(c)
employment data for the facility where Elliott S. Kushner, reconsideration may be granted under
the petitioning worker group was the following circumstances:
Certifying Officer, Division of Trade
employed. As employment levels at the Adjustment Assistance. (1) If it appears on the basis of facts
subject facility did not decline
[FR Doc. E5–263 Filed 1–25–05; 8:45 am] not previously considered that the
significantly in the relevant period,
BILLING CODE 4510–30–P determination complained of was
criteria (I.A.) of Section (a)(2)(A) has not
erroneous;
been met.
Additionally, the petitioner included (2) if it appears that the determination
DEPARTMENT OF LABOR complained of was based on a mistake
information indicating that Boeing had
lost a significant portion of its market in the determination of facts not
Employment and Training
share to the European Airbus previously considered; or
Administration
Consortium. Although the Department (3) if in the opinion of the Certifying
would normally consider such [TA–W–56,125] Officer, a misinterpretation of facts or of
information, since the subject division the law justified reconsideration of the
did not experience a significant decline Caledonia Two, Formerly South decision.
in employment, it does not affect the Carolina Tees, Andrews, South
The petition was filed on behalf of
outcome of this investigation. Carolina; Notice of Termination of
workers at Celestica, Repair
Investigation
Conclusion Subdivision, Little Rock, Arkansas
Pursuant to section 221 of the Trade engaged in activities related to the
After review of the application and repair of defective wireless phones,
investigative findings, I conclude that Act of 1974, as amended, an
investigation was initiated on December wired office phone handlers, phone
there has been no error or switches, and other related equipment.
misinterpretation of the law or of the 3, 2004 in response to a petition filed on
behalf of workers of Caledonia Two, The petition was denied because the
facts which would justify workers did not produce an article
reconsideration of the Department of formerly South Carolina Tees, Andrews,
South Carolina. within the meaning of section 222 of the
Labor’s prior decision. Accordingly, the Act.
application is denied. The petition was filed more than one
year after the subject firm was closed. In the request for reconsideration, the
Signed at Washington, DC, this 27th day of Consequently, further investigation in Union alleged that repair work should
December 2004. this case would serve no purpose, and be considered remanufacturing work.
Elliott S. Kushner, the investigation has been terminated. A company official was contacted to
Certifying Officer, Division of Trade
Adjustment Assistance. Signed at Washington, DC, this 14th day of clarify the work performed at the Repair
December, 2004. Subdivision and ascertain whether the
[FR Doc. E5–260 Filed 1–25–05; 8:45 am]
Elliott S. Kushner, repaired items were sold as
BILLING CODE 4510–30–P
Certifying Officer, Division of Trade remanufactured items. The official
Adjustment Assistance. stated that the work done was repair
DEPARTMENT OF LABOR [FR Doc. E5–264 Filed 1–25–05; 8:45 am] and not remanufacturing, that defective
BILLING CODE 4510–30–P items were sent to the repair facility by
Employment and Training the end user pursuant to a warranty,
Administration that repaired items were returned
DEPARTMENT OF LABOR directly to the end user, and that
[TA–W–56,114]
repaired items were not sold as
Employment and Training remanufactured items.
Bourns Microelectronics Modules, Inc.
Administration Repair of products already purchased
Formerly Known as Microelectronics
Modules Corporation a Susidiary of [TA–W–55,578] does not constitute production within
Bourns Inc., New Berlin, Wisconsin; the context of eligibility requirements
Notice of Termination of Investigation Celestica, Repair Subdivision, Little for trade adjustment assistance.
Rock, AR; Notice of Negative
Pursuant to section 221 of the Trade Conclusion
Determination Regarding Application
Act of 1974, as amended, an for Reconsideration After review of the application and
investigation was initiated on December investigative findings, I conclude that
1, 2004 in response to a petition filed on By application of October 29, 2004,
there has been no error or
behalf of workers at Bourns the International Brotherhood of
misinterpretation of the law or of the
Microelectronic Modules Inc., formerly Electrical Workers, Local 2022,
facts which would justify
known as Microelectronics Modules requested administrative
reconsideration of the Department of
Corporation, a subsidiary of Bourns Inc., reconsideration of the Department’s
Labor’s prior decision. Accordingly, the
New Berlin, Wisconsin. negative determination regarding
application is denied.
The petitioning group of workers is eligibility for workers and former
covered by an earlier petition (TA–W– workers of the subject firm to apply for Signed in Washington, DC, this 12th day of
42,217) which expired on December 6, Trade Adjustment Assistance (TAA) and January, 2005.
2004. Since the firm has ceased Alternative Trade Adjustment Elliott S. Kushner,
production and all workers were Assistance (ATAA). The negative Certifying Officer, Division of Trade
covered under that certification, there is determination applicable to workers of Adjustment Assistance.
no basis for issuing a new certification. Celestica, Repair Subdivision, Little [FR Doc. E5–271 Filed 1–25–05; 8:45 am]
Consequently, further investigation in Rock, Arkansas was signed on October BILLING CODE 4510–30–P

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