[Federal Register: August 7, 2003 (Volume 68, Number 152)]
[Notices]
[Page 47091]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au03-76]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-51,659]
Brookline, Inc., Charlotte, North Carolina; Notice of Negative
Determination Regarding Application for Reconsideration
By application of July 7, 2003, a company official requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm. The denial notice was signed on June 23, 2003, and
published in the Federal Register on July 10, 2003 (68 FR 41179).
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 mis-
interpretation of facts or of the law justified reconsideration of the
decision.
The petition for the workers of Brookline, Inc., Charlotte, North
Carolina was denied because the ``contributed importantly'' group
eligibility requirement of Section 222 of the Trade Act of 1974, as
amended, was not met. The ``contributed importantly'' test is generally
demonstrated through a survey of customers of the workers' firm. The
survey revealed that none of the respondents increased their purchases
of knit fabric. The company did not import knit fabric in the relevant
period nor did it shift production to a foreign country.
The company official states that his business, as well as the cut
and sew businesses he sells to, have been displaced as a result of
retailers purchasing finished apparel abroad. The official concludes
that the subject firm is obviously import impacted as a result of this.
In assessing import impact, the Department considers imports of
like or directly competitive products (in this case, knit fabrics) to
determine import impact. Thus, the imports of apparel are not relevant
in determining import impact in a primary investigation of these
workers. The imports of apparel would be relative in determining
secondary impact on the subject firm workers if the subject firm
supplied knit fabric to customers producing apparel who were under
active TAA certification. The Department examined whether the subject
workers were eligible for trade adjustment assistance under secondary
impact and determined that only a negligible amount of the customer
base was trade-affected.
Conclusion
After review of the application and investigative findings, I
conclude that there has been no error or misinterpretation of the law
or of the facts which would justify reconsideration of the Department
of Labor's prior decision. Accordingly, the application is denied.
Signed at Washington, DC this 24th day of July, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-20110 Filed 8-6-03; 8:45 am]
BILLING CODE 4510-30-P