[Federal Register: February 7, 2005 (Volume 70, Number 24)]
[Notices]
[Page 6458]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07fe05-98]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-55,691]
Royal Home Fashions Plant No. 6, Henderson, NC; Notice of Revised
Determination on Reconsideration
By application of November 22, 2004, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former workers of
the subject firm to apply for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA). The denial notice was
signed on October 25, 2004 and published in the Federal Register on
November 12, 2004 (69 FR 65462).
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 TAA petition, filed on behalf of workers at Royal Home
Fashions, Plant No. 6, Henderson, North Carolina engaged in production
of bedding (sheets, pillow cases, comforters, shams, etc.) was denied
because it was determined that the declines in employment at the
subject firm were predominantly caused by unrelated to imports
circumstances.
The petitioner alleges that the petitioning group of workers was in
direct support of the Royal Home Fashions manufacturing facilities
known as Plant No. 4 and Plant No. 2 in Henderson, North Carolina. The
workers of these facilities were certified eligible for TAA on July 15,
2004 and August 24, 2004 respectively.
A company official was contacted to verify whether workers at the
subject facility were performing services for Plant No. 4 and Plant No.
2 during the relevant period. The company official stated that the
subject facility serves as a distribution and warehousing facility and
is in direct support of production for Plants No. 2 and No. 4 in
Henderson, North Carolina.
In accordance with Section 246 the Trade Act of 1974 (26 U.S.C.
2813), as amended, the Department of Labor herein presents the results
of its investigation regarding certification of eligibility to apply
for alternative trade adjustment assistance (ATAA) for older workers of
Royal Home Fashions, Plant No. 6, Henderson, North Carolina.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers' firm are
50 years of age or older.
2. Whether the workers in the workers' firm possess skills that are
not easily transferable.
3. The competitive conditions within the workers' industry (i.e.,
conditions within the industry are adverse).
The Department has determined that criterion 2 has not been met.
The investigation revealed that the work performed by the petitioning
group are easily transferable to other positions in the commuting area.
Conclusion
After careful review of the facts obtained in the investigation, I
determine that increases of imports of articles like or directly
competitive with articles produced by Royal Home Fashions, Henderson,
North Carolina contributed importantly to the total or partial
separation of workers and to the decline in sales or production at that
firm or subdivision. In accordance with the provisions of the Act, I
make the following certification:
All workers of the Royal Home Fashions, Plant 6, Henderson,
North Carolina who became totally or partially separated from
employment on or after September 24, 2003 through two years from the
date of this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed at Washington, DC, this 19th day of January, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-461 Filed 2-4-05; 8:45 am]
BILLING CODE 4510-30-P