[Federal Register Volume 65, Number 107 (Friday, June 2, 2000)]
[Notices]
[Page 35399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13756]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-37,060]


Liz Claiborne, North Bergen, NJ; Notice of Negative Determination 
Regarding Application for Reconsideration

    By application dated March 30, 2000, the Union of Needletrades, 
Industrial and Textile Employees (UNITE) request 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 February 29, 2000, and published in the Federal Register 
on March 17, 2000 (65 FR 14627).
    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 February 29, 2000 denial of TAA for workers producing samples 
and patterns at Liz Claiborne, North Bergen, New Jersey, was based on 
the finding that the ``contributed importantly'' test of the worker 
group eligibility requirements of Section 222 of the Trade Act of 1974 
was not met. The investigation revealed that the layoffs at the subject 
firm were not related to increased imported but instead, a 
restructuring of operations at the subject facility.
    The petitioners disagree with the statement in the denial notice 
that ``Samples produced at the subject facility are used in the 
company's worldwide production of apparel and could not therefore, have 
been adversely affected by increased imports.'' UNITE believes that the 
Department set a precedent when it certified other sample-making 
workers.
    The TAA certifications referenced by UNITE were applicable to 
workers of those companies where sample-making/cutting were shifted 
abroad and the samples were returning to the United States. That is not 
the case for the workers producing samples and patterns at Liz 
Claiborne in North Bergen, New Jersey. UNITE states North Bergen 
employees no longer produce certain sizes of sample garments. The 
Department's investigation, however, revealed that the company chose to 
reduce sample making and patterns at North Bergen.
    UNITE suggests that the company's apparent decision to shift sample 
making and patterns abroad support a certification. However, there is 
no provision in the group eligibility requirements of Section 222 of 
the Trade Act of 1974 to certify workers based on a shift in 
production.
    UNITE asserts that imports of articles at a later stage of 
processing have had an economic effect on the North Bergen workers 
comparable to the effect of importation of foreign-made sample garments 
and/or markers by definition in the Code of Federal Regulations, 29 CFR 
90.2. The Department points out that the importation of the article 
(apparel) would have to have an economic effect on producers of the 
domestic article (samples and patterns) in the same stage as processing 
as the domestic article. In this case the importation of apparel is not 
in the same stage of processing as samples and patterns.

Conclusion

    After review of the application and investigation 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, D.C. this 22nd day of May 2000.
Grant D. Beale,
Program Manager, Division of Trade Adjustment Assistance.
[FR Doc. 00-13756 Filed 6-1-00; 8:45 am]
BILLING CODE 4510-30-M