[Federal Register Volume 59, Number 184 (Friday, September 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23590]


[[Page Unknown]]

[Federal Register: September 23, 1994]


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DEPARTMENT OF LABOR
[TA-W-29, 492]

 

Banister Shoe Company, U.S. Shoe Corporation Beloit, Wisconsin; 
Negative Determination on Remand

    By an order dated June 20, 1994, the United States Court of 
International Trade (USCIT) in Former Employees of Banister Shoe 
Company v. Secretary of Labor (USCIT 94-05-00260) granted the Secretary 
of Labor's motion for a voluntary remand for further investigation.
    The workers under this petition were initially denied eligibility 
to apply for trade adjustment assistance (TAA) on March 29, 1994. The 
negative determination was published in the Federal Register on April 
13, 1994 (59 FR 17570). The basis for that decision is the fact that 
the decreased sales criterion was not met.
    Banister Shoe is part of the retail division of U.S. Shoe. The 
workers are engaged in sales, distribution, and administrative 
functions.
    New findings on remand show that Banister Shoe is a retail factory 
outlet arm for only a small portion of the shoes manufactured by U.S. 
Shoe. As a retail outlet, the workers are not engaged in the production 
of an article within the meaning of the Trade Act but are engaged in 
performing a service--sales.
    Other findings on remand show that Banister Shoe is primarily an 
importer of shoes. Sale services provided in support of imports would 
not form a basis for a certification under the Trade Act of 1974. 
Increased import sales would have a positive effect on employment at 
Banister Shoe.
    Further, the administrative record shows declining profits and 
profit margins in 1993 compared to 1992. Profits, profit margins and 
prices are not worker group eligibility requirements for TAA under the 
Trade Act and would not, in themselves, constitute a basis for a worker 
group certification.

Conclusion

    After reconsideration on remand, I affirm the original notice of 
negative determination of eligibility to apply for adjustment 
assistance for workers and former workers on Banister Shoe Company, 
Beloit, Wisconsin.

    Signed at Washington, D.C., this 9th day of September 1994.

    Dated: September 9, 1994.
Victor J. Trunzo,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 94-23590 Filed 9-22-94; 8:45 am]
BILLING CODE 4510-30-M