[Federal Register Volume 64, Number 236 (Thursday, December 9, 1999)]
[Notices]
[Page 69035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31937]


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DEPARTMENT OF LABOR

Employment and Training Administration
[NAFTA-2952]


Carhartt, Inc., McKenzie, Tennessee; Negative Determination on 
Application for Reconsideration

    By letter of May 6, 1999, the company 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 McKenzie, Tennessee plant of 
Carhartt, Inc. The negative determination was signed on April 12, 1999 
and published in the Federal Register on May 11, 1999 (64 FR 25373). 
Company officials have now indicated that it was their intention to 
also request reconsideration of the Department's negative determination 
eligibility to apply for North American Free Trade Agreement--
Transitional Adjustment Assistance (NAFTA-TAA) applicable to workers 
and former workers of Carhartt, Inc., McKenzie, Tennessee (NAFTA-2952). 
That negative determination was also signed on April 12, 1999 and 
published in the Federal Register on May 11, 1999.
    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 petitioner states that the Carhartt McKenzie sewing facility 
produced bib overalls. When the plan permanently closed on July 30, 
1999, production was transferred to the Carhartt Camden, Tennessee 
facility.
    The NAFTA-TAA petition, filed on behalf of workers of Carhartt, 
Inc., McKenzie, Tennessee, was denied based on the finding that 
criteria (3) and (4) of the worker group eligibility requirements of 
paragraph (a)(1) of section 250 of the Trade Act of 1974, as amended, 
were not met. There were no company or customer imports from Mexico or 
Canada of products like or directly competitive with the bib overalls 
produced by workers at McKenzie. The company did not shift production 
from McKenzie to Mexico or Canada. The Department cannot consider the 
domestic shift of production of bib overalls from McKenzie, Tennessee 
to Camden, Tennessee as a basis for worker group certification.

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 30th day of November 1999.
Grant D. Beale,
Program Manager, Office of Trade Adjustment Assistance.
[FR Doc. 99-31937 Filed 12-8-99; 8:45 am]
BILLING CODE 4510-30-M