[Federal Register: November 26, 2003 (Volume 68, Number 228)]
[Notices]
[Page 66494]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no03-123]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-52,676, et al.]


Defender Services, Inc., Working at Pillowtex Plant 1,
Kannapolis, NC, et al.; Notice of Negative Determination Regarding
Application for Reconsideration

    By application of September 17, 2003, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former workers of
Pillowtex Plant 1, Kannapolis, North Carolina (TA-W-52,676),
Pillowtex Plant 16, Salisbury, North Carolina (TA-W-52,676A),
Pillowtex Plant 6, Concord, North Carolina (TA-W-52,676B) and
Pillowtex Plant, Eden, North Carolina (TA-W-52,676C) to apply for Trade
Adjustment Assistance (TAA). The decision notice was signed on
September 9, 2003 and published in the Federal Register on October 10,
2003 (68 FR 58719).
    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
misinterpretation of facts or of the law justified reconsideration of
the decision.
    The petition for the workers of Pillowtex Plant 1,
Kannapolis, North Carolina (TA-W-52,676), Pillowtex Plant 16,
Salisbury, North Carolina (TA-W-52,676A), Pillowtex Plant 6,
Concord, North Carolina (TA-W-52,676B) and Pillowtex Plant, Eden, North
Carolina (TA-W-52,676C) was denied because the ``upstream supplier''
group eligibility requirement of Section 222(b) of the Trade Act of
1974, as amended, was not met.
    The ``upstream supplier'' requirement is fulfilled when the
workers'' firm (or subdivision) is a supplier to a firm that employed a
group of workers who received a certification of eligibility to apply
for trade adjustment assistance benefits and such supply or production
is related to the article that was the basis for such certification.
The workers of the subject firm did not act as an upstream supplier to
a trade certified firm.
    The petitioner notes that other contractors have been certified for
trade adjustment assistance and thus appears to imply that the
petitioning workers should be eligible for trade adjustment assistance
as import impacted secondary workers.
    When addressing the issue of import impact in a case of secondary
impact, the Department considers whether the subject firm supplied a
component in a product produced by a trade certified firm. As the
subject firm did not produce a component used in the product of
Pillowtex Corporation, the allegation of secondary import impact is
invalid.
    Further, the subject firm does not produce an article within the
meaning of Section 222 of the Trade Act. Only in very limited instances
are service workers certified for trade adjustment assistance, namely
the worker separations must be caused by a reduced demand for their
services from a parent or controlling firm or subdivision whose workers
produce an article and who are currently under certification for trade
adjustment assistance. A further investigation revealed that the
workers of Pillowtex Plant 1, Kannapolis, North Carolina (TA-
W-52,676), Pillowtex Plant 16, Salisbury, North Carolina (TA-
W-52,676A), Pillowtex Plant 6, Concord, North Carolina (TA-W-
52,676B) and Pillowtex Plant, Eden, North Carolina (TA-W-52,676C) do
not meet the criteria to be certified for trade adjustment assistance.

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 3rd day of November, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-29546 Filed 11-25-03; 8:45 am]

BILLING CODE 4510-30-P