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Browse by Year / 2008 / August / Thursday, August 21, 2008
[Federal Register: August 21, 2008 (Volume 73, Number 163)]
[Notices]               
[Page 49493-49494]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au08-81]                         

-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,892]

 
Barnes Aerospace, Ceramics Division, Windsor, CT; Notice of 
Negative Determination on Reconsideration

    On July 11, 2008, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The notice was published in the 
Federal Register on July 21, 2008 (73 FR 42368).
    The initial investigation resulted in a negative determination 
based on the finding that imports of multi-layer ceramic green sheet 
did not contribute importantly to worker separations at the subject 
firm and no shift of production to a foreign source occurred.

[[Page 49494]]

    In the request for reconsideration the petitioner alleged that 
business at the subject firm declined because the subject firm's major 
customer is importing or will be importing like or directly competitive 
products. In particular, the petitioner stated that the customer is 
changing its purchases from a ceramic based substrate to a plastic 
based substrate.
    On reconsideration the Department of Labor surveyed this declining 
customer regarding its purchases of like or directly competitive 
products with multi-layer ceramic green sheet during 2006, 2007, and 
January through February 2008 over the corresponding 2007 period. The 
survey revealed that the customer did not import like or directly 
competitive products with multi-layer ceramic green sheet during the 
relevant period.
    The petitioner also stated that there was a shift in production of 
multi-layer ceramic green sheet to Taiwan.
    The fact that the subject firm's customers are shifting their 
production abroad is not relevant to this investigation. According to 
section (a)(2)(B) of the Trade Act, in order to be eligible for TAA on 
the basis of a shift in production abroad, the shift in production must 
be implemented by the subject firm or its subdivision.
    In this case, the subject firm did not import multi-layer ceramic 
green sheet nor was there a shift in production from subject firm 
abroad during the relevant period.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Barnes Aerospace, Ceramics Division, 
Windsor, Connecticut.

    Signed at Washington, DC this 14th day of August, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-19408 Filed 8-20-08; 8:45 am]

BILLING CODE 4510-FN-P

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