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22708 Federal Register / Vol. 70, No.

83 / Monday, May 2, 2005 / Notices

Adjustment Assistance for workers at regarding eligibility for workers and North Carolina did not separate or
DyStar LP, Charlotte, North Carolina. former workers of the subject firms to threaten to separate a significant
The application contained no new apply for Trade Adjustment Assistance number or proportion of workers as
substantial information which would (TAA) and Alternative Trade required by Section 222 of the Trade Act
bear importantly on the Department’s Adjustment Assistance (ATAA). The of 1974. Significant number or
determination. Therefore, dismissal of denial notice was signed on January 13, proportion of the workers in a firm or
the application was issued. 2005 and published in the Federal appropriate subdivision thereof, means
TA–W–56,372; DyStar LP, Charlotte, Register on February 7, 2005 (70 FR that at least three workers with a
North Carolina (April 20, 2005) 6459). workforce of fewer than 50 workers, five
The TAA petition, filed on behalf of percent of the workers with a workforce
Signed at Washington, DC this 21st day of workers at Flowline Division of over 50 workers, or fifty workers. As the
April 2005.
Markovitz Enterprises, Inc., New Castle, total separated worker number was one
Timothy Sullivan, Pennsylvania (TA–W–56,152) and during the relevant period, workers of
Director, Division of Trade Adjustment Flowline Division of Markovitz Flowline Division of Markovitz
Assistance. Enterprises, Inc., Whiteville, North Enterprises, Inc., Whiteville, North
[FR Doc. E5–2084 Filed 4–29–05; 8:45 am] Carolina (TA–W–56,152A) engaged in Carolina do not meet the group
BILLING CODE 4510–30–P production of stainless steel butt-weld eligibility requirements for trade
fittings was denied because the criteria adjustment assistance.
(a)(2)(A)(I.B) and (a)(2)(B)(II.B) Section In accordance with Section 246 the
DEPARTMENT OF LABOR 222 of the Trade Act of 1974 were not Trade Act of 1974 (26 U.S.C. 2813), as
met. Firm’s sales and production for amended, the Department of Labor
Employment and Training stainless steel butt-weld fittings herein presents the results of its
Administration increased from January through investigation regarding certification of
[TA–W–56,873] November of 2004 when compared to eligibility to apply for alternative trade
the same period in 2003. The firm did adjustment assistance (ATAA) for older
Federal-Mogul; Blacksburg, VA; Notice not shift production of stainless steel workers.
of Termination of Investigation butt-weld fittings to a foreign country In order for the Department to issue
during the relevant period. a certification of eligibility to apply for
Pursuant to Section 221 of the Trade In the request for reconsideration, the
Act of 1974, as amended, an ATAA, the worker group must be
petitioner requested an additional certified eligible to apply for trade
investigation was initiated on April 4, analysis of the subject firm’s sales,
2005 in response to a petition filed on adjustment assistance (TAA), and the
production and employment during the group eligibility requirements of Section
behalf of workers at Federal-Mogul, relevant time period.
Blacksburg, Virginia. 246 of the Trade Act must be met.
The Department requested additional Since the workers of Flowline
This is a duplicate petition that was information regarding the dates of the Division of Markovitz Enterprises, Inc.,
initiated in error. The original petition separations of the workers of the subject Whiteville, North Carolina (TA–W–
is the subject of an ongoing firm in order to establish the relevant 56,152A) are denied eligibility to apply
investigation under petition number base period for sales and production. for TAA, the workers cannot be certified
TA–W–56,861, initiated on March 30, The review of the obtained information eligible for ATAA.
2005. Consequently, further established the fact that the majority of The Department further determined
investigation in this case would serve the layoffs at Flowline Division of that the requirements of Section 246
no purpose, and the investigation has Markovitz Enterprises, Inc., New Castle, have been met for workers of Flowline
been terminated. Pennsylvania occurred in the first Division of Markovitz Enterprises, Inc.,
Signed at Washington, DC this 6th day of quarter of 2004. Consequently, sales, New Castle, Pennsylvania (TA–W–
April, 2005. production and imports for 2002 and 56,152). A significant number of
Linda G. Poole, 2003 are relevant in this case. It was workers at the firm are age 50 or over
Certifying Officer, Division of Trade further revealed that sales and and possess skills that are not easily
Adjustment Assistance. production declined significantly from transferable. Competitive conditions
[FR Doc. E5–2090 Filed 4–29–05; 8:45 am] 2002 to 2003. Furthermore, the within the industry are adverse.
investigation revealed that the subject
firm increased its imports of stainless Conclusion
steel butt-weld fittings during the After careful review of the facts
DEPARTMENT OF LABOR relevant time period. obtained in the investigation, I
The reconsideration established that determine that increases of imports of
Employment and Training only one worker was separated from articles like or directly competitive with
Administration Flowline Division of Markovitz articles produced by Flowline Division
Enterprises, Inc., Whiteville, North of Markovitz Enterprises, Inc., New
[TA–W–56,152 and TA–W–56,152A]
Carolina (TA–W–56,152A) during the Castle, Pennsylvania (TA-W–56,152)
Flowline Division, of Markovitz relevant time period. This fact was not contributed importantly to the total or
Enterprises, Inc., New Castle, PA; documented during the original partial separation of workers and to the
Flowline Division, of Markovitz investigation based on the information decline in sales or production at that
Enterprises, Inc., Whiteville, NC; Notice provided by the company official. firm or subdivision. In accordance with
of Determinations Regarding When assessing eligibility for TAA, the provisions of the Act, I make the
Application for Reconsideration the Department makes its following certification:
determinations based on the
‘‘All workers of the Flowline Division of
By application of February 24, 2005 a requirements as outlined in Section 222 Markovitz Enterprises, Inc., New Castle,
company official requested of the Trade Act. The investigation Pennsylvania (TA–W–56,152), who became
administrative reconsideration of the revealed that Flowline Division of totally or partially separated from
Department’s negative determination Markovitz Enterprises, Inc., Whiteville, employment on or after December 2, 2003

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