81 FR 57626 - Mesabi Radial Tire Company, 1801 5th Avenue East, Hibbing, Minnesota; Notice of Affirmative Determination Regarding Application for Reconsideration
DEPARTMENT OF LABOR
Employment and Training Administration Federal Register Volume 81, Issue 163 (August 23, 2016)
Employment and Training Administration
Federal Register Volume 81, Issue 163 (August 23, 2016)
| Page Range | 57626-57627 | |
| FR Document | 2016-20049 |
[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)] [Notices] [Pages 57626-57627] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20049] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration [TA-W-91,218] Mesabi Radial Tire Company, 1801 5th Avenue East, Hibbing, Minnesota; Notice of Affirmative Determination Regarding Application for Reconsideration By application dated January 29, 2016, the state workforce office requested administrative reconsideration of the negative determination regarding workers' eligibility to apply for worker adjustment assistance applicable to workers and former workers of Mesabi Radial Tire Company, 1801 5th Avenue East, Hibbing, Minnesota. The determination was issued on January 12, 2016. Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances: (1) If it appears on the basis of facts not previously considered that the determination complained of was erroneous; (2) If it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or (3) If in the opinion of the Certifying Officer, a misinterpretation of facts or of the law justified reconsideration of the decision. The initial investigation resulted in a negative determination based on the findings that imports did not increase, and that the workers' firm does not import wholesale or repair services. Further, the firm did not shift the supply of wholesale or repair services or like or directly competitive services to a foreign country or acquire wholesale or repair services or like or directly competitive services from a foreign country. Further, the firm is not a Supplier to a firm that employed a group of workers who received a certification of eligibility under Section 222(a) of the Act, 19 U.S.C. 2272(a). The [[Page 57627]] services supplied by the workers firm were not used in the production of an article, iron ore. The services supplied were used within the tools/equipment used to mine for ore. Finally, the firm does not act as a Downstream Producer to a firm that employed a group of workers who received a certification of eligibility under Section 222(a) of the Act, 19 U.S.C. 2272(a). The workers' firm was not engaged in value- added finishing processes used in the production of an article or supply of a service. The request for reconsideration states that this determination is erroneous and that the subject firm should be considered to be a downstream supplier because without their products steel cannot be manufactured. The request also included additional information relating to this statement. The Department of Labor has carefully reviewed the request for reconsideration and the existing record, and has determined that the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974. 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 15th day of July, 2016. Jessica R. Webster, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2016-20049 Filed 8-22-16; 8:45 am] BILLING CODE P
![57626 Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Notices
APPENDIX
[46 TAA Petitions instituted between 7/11/16 and 7/22/16]
Subject firm Date of Date of
TA–W Location
(petitioners) institution petition
92003 .................... Hewlett Packard Enterprise (State/One-Stop) ......................................... Plano, TX ........................................ 07/11/16 07/08/16
92004 .................... Atlas Copco Hurricane LLC (Workers) ..................................................... Franklin, IN ...................................... 07/11/16 07/11/16
92005 .................... CTS Corporation (Company) ................................................................... Elkhart, IN ....................................... 07/11/16 07/08/16
92006 .................... Thermo Fisher Scientific (State/One-Stop) .............................................. Chelmsford, MA .............................. 07/11/16 06/29/16
92007 .................... DSI Underground Systems (Workers) ...................................................... Martinsburg, WV ............................. 07/12/16 07/11/16
92008 .................... Perceptive (Parexel) Informatics (State/One-Stop) .................................. Billerica, MA .................................... 07/12/16 07/11/16
92009 .................... Epicor Software Corporation (Workers) ................................................... Westminster, CO ............................. 07/13/16 07/12/16
92010 .................... Atos IT Solutions and Services (State/One-Stop) .................................... Redmond, WA ................................. 07/13/16 07/12/16
92011 .................... GateHouse Media (Lawyers Weekly LLC/Virginia Publishing), Cus- Boston, MA ..................................... 07/13/16 07/11/16
tomer Service (State/One-Stop).
92012 .................... International Business Machines Corporation (IBM) (State/One-Stop) ... Schaumburg and the Atlanta loca- 07/14/16 07/13/16
tions, IL.
92013 .................... Fenton Art Glass Company (Workers) ..................................................... Williamstown, WV ........................... 07/15/16 07/08/16
92014 .................... Chrysler Dundee Engine Plant (Workers) ................................................ Dundee, MI ..................................... 07/15/16 07/13/16
92015 .................... Mattel, Inc., Mattel Global Shared Service Solutions (MGSSS) (State/ East Aurora, NY .............................. 07/15/16 07/13/16
One-Stop).
92016 .................... Erie Bolt Company (EBC) (Union) ........................................................... Erie, PA ........................................... 07/15/16 07/14/16
92017 .................... D & L Oil Tool (State/One-Stop) .............................................................. Tulsa, OK ........................................ 07/15/16 07/14/16
92018 .................... Computer Sciences Corporation (CSC) (State/One-Stop) ....................... Tysons, VA ...................................... 07/15/16 07/14/16
92019 .................... Halliburton (Wireline and Perforating) (State/One-Stop) .......................... Houston, TX .................................... 07/15/16 07/14/16
92020 .................... American Light Bulb Manufacturing Inc. (State/One-Stop) ...................... Mullins, SC ...................................... 07/18/16 07/15/16
92021 .................... Sanford LP (Company) ............................................................................ Shelbyville, TN ................................ 07/19/16 07/18/16
92022 .................... Indiana Tool & Manufacturing Company, Inc. (Company) ....................... Plymouth, IN ................................... 07/19/16 07/19/16
92023 .................... Alcatel-Lucent Nokia (State/One-Stop) .................................................... Naperville, IL ................................... 07/19/16 07/18/16
92024 .................... TEKsystems (State/One-Stop) ................................................................. El Segundo, CA .............................. 07/19/16 07/18/16
92025 .................... Conmet/Consolidated Metco Inc. (State/One-Stop) ................................. Clackamas, OR ............................... 07/19/16 07/18/16
92026 .................... Daimler Trucks North America, LLC (State/One-Stop) ............................ Portland, OR ................................... 07/19/16 07/18/16
92027 .................... McDonald’s Corporation (State/One-Stop) ............................................... Columbus, OH ................................ 07/19/16 07/18/16
92028 .................... Alcatel-Lucent Enterprise (ALE) (State/One-Stop) ................................... New Province, NJ ........................... 07/19/16 07/18/16
92029 .................... Control Devices, LLC formerly Flexi-Hinge Valve Co., Inc. (Workers) .... Fairview, PA .................................... 07/20/16 07/19/16
92030 .................... Blue Scope Buildings of North America/Blue Scope Steel (State/One- Kansas City, MO ............................. 07/20/16 07/19/16
Stop).
92031 .................... JP Morgan Chase, Hedge Fund Service Division (State/One-Stop) ....... Brooklyn, NY ................................... 07/20/16 07/19/16
92032 .................... Ralph Lauren (State/One-Stop) ............................................................... New York, NY ................................. 07/20/16 07/19/16
92033 .................... Viskase Companies, Inc. (Company) ....................................................... Osceola, AR .................................... 07/20/16 07/19/16
92034 .................... TTM/Viasystems Technologies Corp., LLC (State/One-Stop) ................. Forest Grove, OR ........................... 07/20/16 07/19/16
92035 .................... Federal Republic of Germany (Company) ............................................... Holloman Air Force Base, NM ........ 07/21/16 07/20/16
92036 .................... ITW Ark-Les (Company) .......................................................................... New Berlin, WI ................................ 07/21/16 07/20/16
92037 .................... Specialty/Euclid Vidaro (Workers) ............................................................ Asheboro, NC ................................. 07/21/16 07/20/16
92038 .................... Berry Plastics (Company) ........................................................................ Dunkirk, NY ..................................... 07/21/16 07/20/16
92039A ................. Norandal USA, Inc. (Company) ............................................................... Salisbury, NC .................................. 07/21/16 07/20/16
92039 .................... Norandal USA, Inc. (Company) ................................................................ Huntington, TN ................................ 07/21/16 07/20/16
92040 .................... Willamette Egg Farms (State/One-Stop) .................................................. Canby, OR ...................................... 07/22/16 07/21/16
92041 .................... Verizon Communications/Enterprise Solutions/Verizon Business Order Colorado Springs, CO ..................... 07/22/16 07/21/16
Pro (State/One-Stop).
92042 .................... Shimadzu USA Manufacturing Inc. (State/One-Stop) .............................. Canby, OR ...................................... 07/22/16 07/21/16
92043 .................... SeaChange International, Inc. (State/One-Stop) ..................................... Portland, OR ................................... 07/22/16 07/21/16
92043A ................. SeaChange International, Inc. (State/One-Stop) ..................................... Milpitas, CA ..................................... 07/22/16 07/21/16
92044 .................... Northwest Pipe Company (Company) ...................................................... Denver, CO ..................................... 07/22/16 07/21/16
92045 .................... CH2M (State/One-Stop) ........................................................................... Portland, OR ................................... 07/22/16 07/21/16
92046 .................... Blueprint Consulting Services (State/One-Stop) ...................................... Irving, TX ......................................... 07/22/16 07/22/16
[FR Doc. 2016–20047 Filed 8–22–16; 8:45 am] determination regarding workers’ (3) If in the opinion of the Certifying
BILLING CODE 4510–FN–P eligibility to apply for worker Officer, a misinterpretation of facts or of
adjustment assistance applicable to the law justified reconsideration of the
workers and former workers of Mesabi decision.
DEPARTMENT OF LABOR Radial Tire Company, 1801 5th Avenue The initial investigation resulted in a
East, Hibbing, Minnesota. The negative determination based on the
Employment and Training determination was issued on January 12, findings that imports did not increase,
Administration 2016. and that the workers’ firm does not
Pursuant to 29 CFR 90.18(c) import wholesale or repair services.
[TA–W–91,218] Further, the firm did not shift the
reconsideration may be granted under
Mesabi Radial Tire Company, 1801 5th the following circumstances: supply of wholesale or repair services or
Avenue East, Hibbing, Minnesota; like or directly competitive services to
(1) If it appears on the basis of facts a foreign country or acquire wholesale
sradovich on DSK3GMQ082PROD with NOTICES
Notice of Affirmative Determination not previously considered that the
Regarding Application for or repair services or like or directly
determination complained of was competitive services from a foreign
Reconsideration erroneous; country. Further, the firm is not a
By application dated January 29, (2) If it appears that the determination Supplier to a firm that employed a
2016, the state workforce office complained of was based on a mistake group of workers who received a
requested administrative in the determination of facts not certification of eligibility under Section
reconsideration of the negative previously considered; or 222(a) of the Act, 19 U.S.C. 2272(a). The
VerDate Sep<11>2014 18:56 Aug 22, 2016 Jkt 238001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\23AUN1.SGM 23AUN1](https://thefederalregister.org/doc/81_FR_57789/page/1.svg)
![Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Notices 57627
services supplied by the workers firm adjustment assistance, each of the group a certification issued regarding
were not used in the production of an eligibility requirements of Section eligibility to apply for worker
article, iron ore. The services supplied 222(a) of the Act must be met. adjustment assistance, each of the group
were used within the tools/equipment I. Under Section 222(a)(2)(A), the eligibility requirements of Section
used to mine for ore. Finally, the firm following must be satisfied: 222(b) of the Act must be met.
does not act as a Downstream Producer (1) a significant number or proportion (1) a significant number or proportion
to a firm that employed a group of of the workers in such workers’ firm of the workers in the workers’ firm have
workers who received a certification of have become totally or partially become totally or partially separated, or
eligibility under Section 222(a) of the separated, or are threatened to become are threatened to become totally or
Act, 19 U.S.C. 2272(a). The workers’ totally or partially separated; partially separated;
firm was not engaged in value-added (2) the sales or production, or both, of (2) the workers’ firm is a Supplier or
finishing processes used in the such firm have decreased absolutely; Downstream Producer to a firm that
production of an article or supply of a and employed a group of workers who
service. (3) One of the following must be received a certification of eligibility
The request for reconsideration states satisfied: under Section 222(a) of the Act, and
that this determination is erroneous and (A) imports of articles or services like such supply or production is related to
that the subject firm should be or directly competitive with articles the article or service that was the basis
considered to be a downstream supplier produced or services supplied by such for such certification; and
because without their products steel firm have increased; (3) either—
cannot be manufactured. The request (B) imports of articles like or directly (A) the workers’ firm is a supplier and
also included additional information competitive with articles into which one the component parts it supplied to the
relating to this statement. or more component parts produced by firm described in paragraph (2)
The Department of Labor has carefully such firm are directly incorporated, accounted for at least 20 percent of the
reviewed the request for reconsideration have increased; production or sales of the workers’ firm;
and the existing record, and has (C) imports of articles directly or
determined that the Department will incorporating one or more component (B) a loss of business by the workers’
conduct further investigation to parts produced outside the United firm with the firm described in
determine if the workers meet the States that are like or directly paragraph (2) contributed importantly to
eligibility requirements of the Trade Act competitive with imports of articles the workers’ separation or threat of
of 1974. incorporating one or more component separation.
parts produced by such firm have In order for an affirmative
Conclusion increased; determination to be made for adversely
After careful review of the (D) imports of articles like or directly affected workers in firms identified by
application, I conclude that the claim is competitive with articles which are the International Trade Commission and
of sufficient weight to justify produced directly using services a certification issued regarding
reconsideration of the U.S. Department supplied by such firm, have increased; eligibility to apply for worker
of Labor’s prior decision. The and adjustment assistance, each of the group
application is, therefore, granted. (4) the increase in imports contributed eligibility requirements of Section
importantly to such workers’ separation 222(e) of the Act must be met.
Signed at Washington, DC, this 15th day of
July, 2016.
or threat of separation and to the decline (1) the workers’ firm is publicly
in the sales or production of such firm; identified by name by the International
Jessica R. Webster,
or Trade Commission as a member of a
Certifying Officer, Office of Trade Adjustment II. Section 222(a)(2)(B) all of the domestic industry in an investigation
Assistance.
following must be satisfied: resulting in—
[FR Doc. 2016–20049 Filed 8–22–16; 8:45 am] (1) a significant number or proportion (A) an affirmative determination of
BILLING CODE P of the workers in such workers’ firm serious injury or threat thereof under
have become totally or partially section 202(b)(1);
separated, or are threatened to become (B) an affirmative determination of
DEPARTMENT OF LABOR totally or partially separated; market disruption or threat thereof
(2) One of the following must be under section 421(b)(1); or
Employment and Training
satisfied: (C) an affirmative final determination
Administration
(A) there has been a shift by the of material injury or threat thereof under
Notice of Determinations Regarding workers’ firm to a foreign country in the section 705(b)(1)(A) or 735(b)(1)(A) of
Eligibility to Apply for Worker production of articles or supply of the Tariff Act of 1930 (19 U.S.C.
Adjustment Assistance services like or directly competitive 1671d(b)(1)(A) and 1673d(b)(1)(A));
with those produced/supplied by the (2) the petition is filed during the 1-
In accordance with Section 223 of the workers’ firm; year period beginning on the date on
Trade Act of 1974, as amended (19 (B) there has been an acquisition from which—
U.S.C. 2273) the Department of Labor a foreign country by the workers’ firm (A) a summary of the report submitted
herein presents summaries of of articles/services that are like or to the President by the International
determinations regarding eligibility to directly competitive with those Trade Commission under section
sradovich on DSK3GMQ082PROD with NOTICES
apply for trade adjustment assistance for produced/supplied by the workers’ firm; 202(f)(1) with respect to the affirmative
workers by (TA–W) number issued and determination described in paragraph
during the period of July 11, 2016 (3) the shift/acquisition contributed (1)(A) is published in the Federal
through July 22, 2016. importantly to the workers’ separation Register under section 202(f)(3); or
In order for an affirmative or threat of separation. (B) notice of an affirmative
determination to be made for workers of In order for an affirmative determination described in
a primary firm and a certification issued determination to be made for adversely subparagraph (1) is published in the
regarding eligibility to apply for worker affected secondary workers of a firm and Federal Register; and
VerDate Sep<11>2014 18:56 Aug 22, 2016 Jkt 238001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\23AUN1.SGM 23AUN1](https://thefederalregister.org/doc/81_FR_57789/page/2.svg)
Document Created: 2018-02-09 11:40:18
Document Modified: 2018-02-09 11:40:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 57626 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR