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Federal Register / Vol. 70, No.

169 / Thursday, September 1, 2005 / Notices 52131

those seven companies who produce (26 U.S.C. 2813), as amended, the Assistance, applicable to workers of the
software which might be considered like Department of Labor issued a subject firm. The determination was
or directly competitive with the four Certification of Eligibility to Apply for signed on July 20, 2005, and will soon
CSC software programs at issue: Worker Adjustment Assistance and be published in the Federal Register.
Performance Plus, JETS, Repetitive Alternative Trade Adjustment The petitioner alleges in the request
Payment System, and Vantage-One. Of Assistance on July 11, 2005, applicable for reconsideration that workers were
the companies surveyed, none had to workers of DeBall, Inc., Asheville, separated from the subject company’s
imported software in a physical North Carolina. The notice will be Power House, which provided steam to
medium, and while some stated that published soon in the Federal Register. the subject company and Green Tea
new business opportunities were always At the request of the company, the Chemical Technologies (TA–W–53,831,
possible, none had expressed that they Department reviewed the certification certified January 16, 2004). The
were likely to import any software. for workers of the subject firm. The petitioner further alleges that the
Specifically, one competitor stated that workers were engaged in the production separations were caused by the subject
it has ‘‘never used offshore resources for of velvet and velour. company’s reduced need to provide
anything,’’ another competitor stated New information shows that that all steam to Green Tea Chemical
that their software was written ‘‘100% workers separated from employment at Technologies facility.
Stateside’’ and that there was ‘‘no the subject firm had their wages
intention to import anything—no reported under a separate The Department carefully reviewed
software, no code’’ and a third unemployment insurance (UI) tax the petitioner’s request for
competitor stated ‘‘no way, no how’’ account for Olney Wallcoverings. reconsideration and has determined that
that the company imports software. Accordingly, the Department is the Department will conduct further
Because all the competitors are amending the certification to properly investigation based on new information
domestic, and none of them have reflect this matter. provided by the petitioner.
increased or are likely to increase The intent of the Department’s Conclusion
imports, it is impossible for consumers certification is to include all workers of
of the software code or software on a DeBall, Inc., Asheville, North Carolina After careful review of the
physical medium to buy an imported who was adversely affected by a shift in application, I conclude that the claim is
product ‘‘like or directly competitive’’ to production to Canada. of sufficient weight to justify
CSC’s. Obviously, CSC has increased its The amended notice applicable to reconsideration of the Department of
‘‘delivery’’ of software code to the TA–W–57,508 is hereby issued as Labor’s prior decision. The application
United States, but because software follows: is, therefore, granted.
code is not an article for the purposes
All workers of DeBall, Inc., Olney Signed at Washington, DC, this 19th day of
of the Trade Act, such an increase does Wallcoverings, Asheville, North Carolina, August 2005.
not qualify to make plaintiffs eligible for who became totally or partially separated
TAA benefits. Elliott S. Kushner,
from employment on or after July 6, 2004,
through July 11, 2007, are eligible to apply Certifying Officer, Division of Trade
Conclusion Adjustment Assistance.
for adjustment assistance under Section 223
After reconsideration on remand, I of the Trade Act of 1974, and are also eligible [FR Doc. E5–4777 Filed 8–31–05; 8:45 am]
affirm the original notice of negative to apply for alternative trade adjustment BILLING CODE 4510–30–P
determination of eligibility to apply for assistance under Section 246 of the Trade Act
adjustment assistance for workers and of 1974.
former workers of Computer Sciences Signed at Washington, DC, this 23rd day of DEPARTMENT OF LABOR
Corporation, Financial Services Group, August, 2005.
East Hartford, Connecticut. Elliott S. Kushner, Employment and Training
Certifying Officer, Division of Trade
Administration
Signed at Washington, DC, this 24th day of
August, 2005. Adjustment Assistance.
Elliott S. Kushner, [FR Doc. E5–4778 Filed 8–31–05; 8:45 am] [TA–W–57,671]
Certifying Officer, Division of Trade BILLING CODE 4510–30–P
Adjustment Assistance. Kellogg’s Snack Division, Macon, GA;
Notice of Termination of Investigation
[FR Doc. E5–4774 Filed 8–31–05; 8:45 am]
BILLING CODE 4510–30–P DEPARTMENT OF LABOR
Pursuant to Section 221 of the Trade
Employment and Training Act of 1974, as amended, an
Administration investigation was initiated on August 4,
DEPARTMENT OF LABOR
2005 in response to a petition filed on
[TA–W–57,446]
Employment and Training behalf of workers at Kellogg’s Snack
Administration Herules Incorporation, Aqualon Division, Macon, Georgia.
[TA–W–57,508] Division, Parlin, NJ; Notice of The petitioners have requested that
Affirmative Determination Regarding the petition be withdrawn.
Deball, Inc., Olney Wallcoverings, Application for Reconsideration Consequently, the investigation has
Asheville, NC; Amended Certification been terminated.
By letter dated August 11, 2005, a
Regarding Eligibility to Apply for Signed at Washington, DC, this 15th day of
representative of the International
Worker Adjustment Assistance and August, 2005.
Union of Operating Engineers, Local 68,
Alternative Trade Adjustment Linda G. Poole,
requested administrative
Assistance Certifying Officer, Division of Trade
reconsideration of the Department of
In accordance with Section 223 of the Labor’s Notice of Negative Adjustment Assistance.
Trade Act of 1974 (19 U.S.C. 2273), and Determination Regarding Eligibility to [FR Doc. E5–4782 Filed 8–31–05; 8:45 am]
Section 246 of the Trade Act of 1974, Apply for Worker Adjustment BILLING CODE 4510–30–P

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