[Federal Register: September 27, 2007 (Volume 72, Number 187)]
[Notices]
[Page 54940-54941]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se07-89]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,728]


R and S Vinyl Products Group L.L.C., Clarion, PA; Notice of
Negative Determination Regarding Application for Reconsideration

    By application of August 31, 2007, 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 Alternative Trade Adjustment Assistance
(ATAA).
    The workers of R&S Vinyl Products Group LLC, Clarion, Pennsylvania
were certified eligible to apply for Trade Adjustment Assistance (TAA)
and denied to apply for ATAA on July 31, 2007. The denial notice was
published in the Federal Register on August 14, 2007 (72 FR 45451).
    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 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 initial ATAA investigation determined that the skills of the
subject worker group are easily transferable to other positions in the
local area.
    In the request for reconsideration, the petitioner requested a
review of the

[[Page 54941]]

initial petition and to include the ATAA benefits. The petitioner
appears to be under the impression that the workers eligibility for
ATAA was not investigated in the original investigation.
    The Department reviewed the initial investigation and determined
that subject workers eligibility for ATAA was investigated. The
investigation revealed that workers' skills are transferable to other
positions within the commuting area. However, the Department conducted
additional investigation on reconsideration and contacted a company
official to determine if workers' are eligible for ATAA. Based on a
company official's statements it was confirmed that there are several
existing and new manufacturing facilities within the commuting area,
which are in the process of hiring workers with skills similar to those
possessed by the subject worker group. Consequently, the investigation
confirmed that workers' skills are easily transferable to other
companies.

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 17th day of September 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-19027 Filed 9-26-07; 8:45 am]

BILLING CODE 4510-FN-P