[Federal Register: September 23, 2008 (Volume 73, Number 185)]
[Notices]
[Page 54858-54859]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23se08-106]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-62,895]
Siny Corp, d/b/a Monterey Mills, Janesville, WI; Notice of
Negative Determination Regarding Application for Reconsideration
By application dated September 3, 2008, a petitioner requested
administrative reconsideration of the Department's negative
determination
[[Page 54859]]
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
July 28, 2008 and published in the Federal Register on August 12, 2008
(73 FR 46924).
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, which was filed on behalf of workers at Siny
Corporation, d/b/a Monterey Mills, Janesville, Wisconsin engaged in the
production of acrylic knit pile fabric, was denied based on the
findings that imports of acrylic knit pile fabric did not contribute
importantly to worker separations at the subject firm and no shift in
production to a foreign source occurred.
In the request for reconsideration, the petitioner stated that
workers of the subject firm were previously certified eligible for
Trade Adjustment Assistance. The petitioner further stated that in
order to reveal the import impact, the Department should consider the
time period prior to 2006. The petitioner seems to allege that because
the subject firm was previously certified eligible for TAA, the workers
of the subject firm should be granted another TAA certification.
When assessing eligibility for TAA, the Department exclusively
considers import impact during the relevant time period (from one year
prior to the date of the petition). Therefore, events occurring before
2006 are outside of the relevant period and are not relevant in this
investigation.
After careful review of the request for reconsideration, the
Department determines that 29 CFR 90.18(c) has not been met.
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 15th day of September, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-22123 Filed 9-22-08; 8:45 am]
BILLING CODE 4510-FN-P