[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Notices]
[Pages 66778-66779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26497]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-81,387]
Eastman Kodak Company, IPS--Dayton Location, Including On-Site
Leased Workers From Adecco, Dayton, Ohio; Notice of Negative
Determination on Reconsideration
On March 2, 2012, the Department of Labor (Department) initiated an
investigation in response to a Trade Adjustment Assistance (TAA)
petition filed on behalf of workers and former workers of Eastman Kodak
Company, IPS-Dayton Location, including on-site leased workers from
Adecco, Dayton, Ohio (hereafter referred to as ``Eastman Kodak-IPS-
Dayton''). On May 18, 2012, the Department denied the petition for
group eligibility to apply for TAA. The Department's Notice of negative
determination was published in the Federal Register on June 6, 2012 (77
FR 33494).
On August 1, 2012, the Department issued a Notice of Affirmative
Determination Regarding Application for Reconsideration, applicable to
Eastman Kodak-IPS-Dayton. The Department's Notice of affirmative
determination was published in the Federal Register on August 14, 2012
(77 FR 48549).
On March 19, 2013, the Department issued a Notice of Termination of
Reconsideration Investigation to workers and former workers of Eastman
Kodak-IPS-Dayton (TA-W-81,387) which stated that the worker group on
whose behalf the request for reconsideration was filed is eligible to
apply for TAA under the amended certification for TA-W-74,813A. The
Department's Notice of termination of reconsideration investigation was
published in the Federal Register on April 9, 2013 (78 FR 21155).
On June 21, 2013, the Department issued a Notice of Termination of
Certification applicable to workers and former workers eligible to
apply for TAA under TA-W-74,813A. The Department's Notice of
Termination of Certification was published in the Federal Register on
July 5, 2013 (78 FR 40507). In the Notice of Termination of
Certification, the Department stated that the reconsideration
investigation of TA-W-81,387 would be re-opened and a determination on
reconsideration would be issued accordingly.
During the re-opened reconsideration investigation, the Department
contacted the workers who filed the initial petition for information
and received additional information from one of the petitioners.
The petition alleges that production of printers shifted from the
Dayton, Ohio facility to a foreign country. In an attachment to the
petition, the petitioners state that ``a few years back our facility .
. . shipped the manufacture of . . . fluid systems and controllers to .
. . China''; that ``in 2010 a large portion of the print head
refurbishment for the 4'' (four inch) product line was shipped to . . .
China''; that ``all of the printed circuit board production and testing
was moved to China''; that a ``portion of the new product under
development (Stream) was moved to Mexico for manufacture'' in 2011;
that people from Malaysia spent months in the fall of 2011 ``to learn
the processes of manufacture so equipment can be sent to their facility
in Malaysia''; and that ``production of the new Stream product is to be
done in Malaysia.''
During the re-opened reconsideration investigation, a former worker
stated that separations at the Dayton, Ohio facility were due to the
shift in production to China and/or Mexico; that production of
``legacy'' products were shifted to a facility in China that builds
cameras and desktop printers; that the shift of production to China
also resulted in reduced need for ``testing and repair of new build
circuit boards and electronic assembly''; that production of ink jet
print systems and the ``Four Inch'' product line were shifted to China;
and that, in April 2012, three of the remaining workers were separated
``because the remaining repair work was shifted to a third party
company in the Dayton area.''
During the re-opened reconsideration investigation, the Department
obtained updated information from Eastman Kodak Company regarding
operations at the Dayton, Ohio facility and responses to the afore-
mentioned allegations.
Based on information obtained during the re-opened reconsideration
investigation, the Department determines that while there was some
production shift abroad in 2006 to 2008, no such shift occurred in 2012
and 2013, and that the shift which occurred during 2006 to 2008 did not
contribute to worker separations at the Dayton, Ohio facility in 2012
and 2013.
Rather, information obtained during the reconsideration
investigation confirmed that worker separations at the Dayton, Ohio
facility in 2012 and 2013 have been part of bankruptcy-related
activities, including restructuring and domestic outsourcing of some
services, and have not resulted in a shift of production abroad.
[[Page 66779]]
Conclusion
After careful review of previously-submitted information and
information obtained during the reconsideration investigation, I affirm
that the requirements of the Act, 19 U.S.C. 2272, have not been met
and, therefore, affirm the denial of the petition for group eligibility
for Eastman Kodak Company, IPS-Dayton Location, Dayton, Ohio, to apply
for adjustment assistance, in accordance with Section 223 of the Act,
19 U.S.C., 2273.
Signed in Washington, DC, this 23rd day of October, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-26497 Filed 11-5-13; 8:45 am]
BILLING CODE 4510-FN-P