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Federal Register / Vol. 70, No.

35 / Wednesday, February 23, 2005 / Notices 8829

Signed in Washington, DC, this 19th day of appropriate subdivision of the firm, have DEPARTMENT OF LABOR
January, 2005. become totally or partially separated, or are
Elliott S. Kushner, threatened to become totally or partially Employment and Training
separated; and
Certifying Officer, Division of Trade Administration
(2)(A)(i) The sales or production, or both,
Adjustment Assistance.
of such firm or subdivision have decreased
[FR Doc. E5–699 Filed 2–22–05; 8:45 am] absolutely; Trade Adjustment Assistance
BILLING CODE 4510–30–P (ii) Imports of articles like or directly Program: Training and Employment
competitive with articles produced by such Guidance Letter
firm or subdivision have increased; and
DEPARTMENT OF LABOR (iii) The increase in imports described in The Employment and Training
clause (ii) contributed importantly to such Administration interprets Federal law
Employment and Training workers’ separation or threat of separation requirements pertaining to Trade
Administration and to the decline in the sales or production
of such firm or subdivision; or
Adjustment Assistance (TAA). These
[TA–W–54,796] (B)(i) There has been a shift in production interpretations are issued in Training
by such workers’ firm or subdivision to a and Employment Guidance Letters
Venture Industries, Lancaster Ohio foreign country of articles like or directly (TEGLs) to the State Workforce
Plant, Lancaster, OH; Notice of competitive with articles which are produced Agencies. The TEGL described below is
Negative Determination Regarding by such firm or subdivision; and published in the Federal Register in
Application for Reconsideration (ii)(I) The country to which the workers’ order to inform the public.
firm has shifted production of the articles is
By application dated July 19, 2004, a a party to a free trade agreement with the TEGL 2–03, Change 1, clarifies the
petitioner requested administrative United States; interim operating instructions published
reconsideration of the Department’s (II) The country to which the workers’ firm in TEGL 2–03, and TEGL 2–03, Change
negative determination regarding the has shifted production of the articles is a 2, amends operating instructions issued
eligibility for workers of Venture beneficiary country under the Andean Trade
in TEGL 2–03 and TEGL 2–03, Change
Industries to apply for trade adjustment Preference Act, African Growth and
Opportunity Act, or the Caribbean Basin 1.
assistance. The denial notice applicable Economic Recovery Act; or
to workers of the subject firm located TEGL 2–03 Change 1
(III) There has been or is likely to be an
Lancaster, Ohio, was signed on June 25, increase in imports of articles that are like or TEGL 2–03 provided interim
2004, and was published in the Federal directly competitive with articles which are
Register on August 3, 2004 (69 FR operating instructions for states to use
or were produced by such firm or
46574). subdivision. in implementing the ATAA program.
Pursuant to 29 CFR 90.18(c) TEGL 2–03, Change 1, provides answers
The worker group eligibility to questions the Department received
reconsideration may be granted under requirements described above does not
the following circumstances: concerning the operation of the ATAA
contain a provision for a shift of profits program. The attachment restates the
(1) If it appears on the basis of facts from a U.S. firm to a firm in a foreign
not previously considered that the questions raised and provides the
country. answers to those questions.
determination complained of was The workers of Venture Industries,
erroneous; Lancaster Ohio Plant, Lancaster, Ohio, TEGL 2–03, Change 2
(2) If it appears that the determination produced sheet/fiberglass molding
complained of was based on a mistake This TEGL modifies TEGL 2–03 and
compound for exterior automotive parts.
in the determination of facts not TEGL 2–03, Change 1, to allow certain
The Department’s initial investigation
previously considered; or certified worker groups to apply for
(3) If in the opinion of the Certifying determined that during the relevant
period (from 2002 through April 2004) ATAA retroactively. This will include
Officer, a misinterpretation of facts or of workers who filed a petition using a
the law justified reconsideration of the there were no imports by the firm or its
customers of like or directly competitive form that did not include an
decision.
products. Furthermore, the subject firm opportunity to indicate whether or not
In the request for reconsideration of
the petition denial, the petitioner claims did not shift production of sheet/ the petitioner wished to request ATAA
that worker separations were ‘‘due to fiberglass molding compound from the certification, and who either had a
the circumstances of the Venture Lancaster, Ohio plant to a foreign petition in process on August 6, 2003,
Pegaform plant in Germany being in country. or filed a petition on or after that date.
financial trouble, profits from the Conclusion The instructions in TEGL 2–03,
American plants were used to help get Change 1 and Change 2, are issued to
After review of the application and the states and the cooperating state
this facility back to where it could turn
a profit, therefore leaving the American investigative findings, I conclude that workforce agencies (SWAs) as guidance
Venture Plants in financial trouble.’’ there has been no error or
provided by the U.S. Department of
The petitioner adds that the money used misinterpretation of the law or of the
Labor in its role as the principal in the
for the Venture Pegaform plant in facts which would justify
TAA program. As agents of the
Germany could have kept the Lancaster, reconsideration of the Department of
Secretary of Labor, the states and
Ohio plant open. Labor’s prior decision. Accordingly, the
cooperating SWAs may not vary from
In order for the workers of the subject application is denied.
the instructions in TEGL 2–03, Change
firm to be certified eligible to apply for Signed in Washington, DC, this 22nd day 1 and Change 2, without prior approval
trade adjustment assistance, the worker of December, 2004. from the Department.
group eligibility requirements of section Linda G. Poole,
222 of the Trade Act of 1974, as Dated: February 16, 2005.
Certifying Officer, Division of Trade
amended, must be met. Adjustment Assistance. Emily Stover DeRocco,
(1) A significant number or proportion of [FR Doc. E5–698 Filed 2–22–05; 8:45 am] Assistant Secretary of Labor.
the workers in such workers’ firm, or an BILLING CODE 4510–30–P BILLING CODE 4310–30–M

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