[Federal Register: May 7, 2008 (Volume 73, Number 89)]
[Notices]               
[Page 25773-25774]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my08-118]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,927]

 
Chase Home Finance LLC, A Division of JP Morgan Chase & Co., 
Lexington, Kentucky; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application dated April 17, 2008, a petitioner 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 March 17, 2008 and 
published in the Federal Register on April 24, 2008 (73 FR 22170).
    Pursuant to 29 CFR 90.18(c) reconsideration may be granted under 
the following circumstances:

[[Page 25774]]

    (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 negative TAA determination issued by the Department for workers 
of Chase Home Finance LLC, a Division of JP Morgan Chase & Co., 
Lexington, Kentucky was based on the finding that the worker group does 
not produce an article within the meaning of Section 222 of the Trade 
Act of 1974.
    The petitioner states that employment at the subject firm was 
negatively impacted by a shift of job functions to the Philippines. The 
petitioner also states that regardless of whether the workers of the 
subject firm produce a product or provide services, they should be 
certified eligible for Trade Adjustment Assistance.
    The investigation revealed that the workers of Chase Home Finance 
LLC, a Division of JP Morgan Chase & Co., Lexington, Kentucky provide 
loan services for home mortgages and home equity lines of credit. These 
functions, as described above, are not considered production of an 
article within the meaning of Section 222 of the Trade Act of 1974.
    The allegation of a shift to another country might be relevant if 
it was determined that workers of the subject firm produced an article. 
Since the investigation determined that workers of Chase Home Finance 
LLC, a Division of JP Morgan Chase & Co., Lexington, Kentucky do not 
produce an article, there cannot be imports nor a shift in production 
of an ``article'' abroad within the meaning of the Trade Act of 1974 in 
this instance.
    The petitioner did not supply facts not previously considered; nor 
provide additional documentation indicating that there was either (1) a 
mistake in the determination of facts not previously considered or (2) 
a misinterpretation of facts or of the law justifying reconsideration 
of the initial determination.
    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 in Washington, DC, this 30th day of April 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-10034 Filed 5-6-08; 8:45 am]

BILLING CODE 4510-FN-P