81_FR_57789 81 FR 57626 - Mesabi Radial Tire Company, 1801 5th Avenue East, Hibbing, Minnesota; Notice of Affirmative Determination Regarding Application for Reconsideration

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)

Page Range57626-57627
FR Document2016-20049

Federal Register, Volume 81 Issue 163 (Tuesday, August 23, 2016)
[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
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                                                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


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                                                                             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
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                                                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


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Document Created: 2018-02-09 11:40:18
Document Modified: 2018-02-09 11:40:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 57626 

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