[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Pages 27667-27668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11640]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-73,479A]
Enesco, LLC, Itasco, IL; Notice of Negative Determination on
Reconsideration
On October 18, 2010, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the workers
and former workers of Enesco, LLC, Gund Division, Distribution Center,
Edison, New Jersey (Enesco-Edison). The Department's Notice was
published in the Federal Register on October 29, 2010 (75 FR 66795).
The workers supplied packaging and distribution services related to
giftware.
The initial investigation was initiated in response to a petition
filed on February 17, 2010 by a State of Illinois Workforce Office on
behalf of workers of Enesco, LLC, Itasca, Illinois. The petition
alleges that ``Enesco LLC production of giftware products is currently
in China; the company has transferred Quality/Regulatory Compliance
Department overseas as well in order to keep production and quality
assurance testing in one location.''
Because the petitioner did not provide additional information
regarding the worker group, the Department relied on publicly-available
materials and the company official identified on the petition for
information.
Although the company's headquarters are in Itasca, Illinois, the
company official provided information that revealed that the separated
workers worked in the distribution center that was part of the Gund
Division in Edison, New Jersey (TA-W-73,479). Based on this
information, the Department determined that the subject worker group
was not Enesco LLC, Itasca, Illinois but Enesco-Edison.
In the request for reconsideration, the State Workforce Office
stated that a worker who was in the ``Regulatory Compliance/Quality
Assurance Department of Enseco, LLC, located in Itasca, Illinois'' had
``spent over 6 hours on the conference call with China, training
someone to perform her duties.'' The State Workforce Office further
alleges that ``all of the Regulatory Compliance/Quality Assurance
Department of Enseco LLC was transferred to Hong Kong.'' In support of
the allegations, the State Workforce Office provided a document titled
``Letter to supplier regarding QA & QC'' that states ``We have expanded
our team both in China as well as in our Hong Kong office'' (dated
March 6, 2009).
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 negative determination was based on the findings that
Enesco-Edison did not shift to/acquire from a foreign country the
supply of services like or directly competitive with the services
supplied by the workers; that the workers' separation, or threat of
separation, was not related to an increase in imports of like or
directly competitive services; and that the workers are not adversely
affected secondary workers.
During the reconsideration investigation, the Department contacted
Enesco, LLC and obtained information regarding Enesco, LLC, Itasca,
Illinois (Enesco-Itasca) and the worker on whose behalf the petition
and request for reconsideration were filed.
New information provided by the subject firm revealed that there is
no Regulatory Compliance/Quality Assurance Department; that workers at
Enesco-Itasca are separately identifiable by division and separately
identifiable within each division by service supplied; and that the
worker on whose behalf the petition and the request for reconsideration
were filed worked in the logistics division of Enesco-Itasca and
supplied quality control services related to the production of toys.
Further, Enesco-Itasca does not produce toys; rather, Enesco-Itasca
supplies services related to the sales, marketing and development of
toys.
Additional information obtained during the reconsideration
investigation revealed that the group eligibility
[[Page 27668]]
requirements under Section 222(a) and (c) of the Act, 19 U.S.C. 2272(a)
and (c), have not been met. 29 CFR 90.2 states that a significant
number or proportion of the workers means at least three workers in a
firm (or appropriate subdivision thereof) with a workforce of fewer
than 50 workers, or five percent of the workers or 50 workers,
whichever is less, in a workforce of 50 or more workers.
Although the Department was able to confirm separations at the
Itasca, Illinois facility, the number or proportion of workers totally
or partially separated, or threatened with such separation, at Enesco,
LLC, Itasca, Illinois, does not meet the regulatory definition.
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 Enesco, LLC, Itasca, Illinois (TA-W-
73,479A).
Signed in Washington, DC, on this 2nd day of May, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-11640 Filed 5-11-11; 8:45 am]
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