[Federal Register Volume 65, Number 235 (Wednesday, December 6, 2000)]
[Notices]
[Page 76291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31037]


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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-04101]


The Garden Grow Co., Lilly Miller Packet Seed Division, 
Wilsonville, OR; Notice of Negative Determination Regarding Application 
for Reconsideration

    By application dated November 2, 2000, the petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding worker eligibility to apply for NAFTA-
Transitional Adjustment Assistance. The denial notice was signed on 
October 6, 2000 and published in the Federal Register on November 1, 
2000 (65 FR 65331).
    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 requested that the Department reassess the findings 
that The Garden Company has not shifted production to Canada, nor has 
the Division of Lilly Miller. No new information concerning the 
decision was provided by the petitioner for reconsideration.
    The Department's denial of NAFTA-TAA was based on the findings that 
creiteria (3) and (4) of the group eligibility requirements of 
paragraph (a)(1) of section 250 of the Trade Act of 1974, as amended, 
were not met. Findings of the investigation showed that workers of The 
Garden Grow Company, Lilly Miller Packet Seed Division, Wilsonville, 
Oregon packaged seed in paper envelopes. The Department's denial of 
NAFTA-TAA for workers of the subject firm was based on the finding that 
there was no shift of production from the Wilsonville, Oregon 
production facility to Mexico or Canada. Sales and production were 
relatively flat. The workers were separated because the subject 
division was sold to a competitor who is shifting the work to another 
domestic location.
    Although, the company has shifted some production (plastic seed 
bottle production) to Canada, no shifts in production have occurred 
during the relevant period.

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 21st day of November 2000.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 00-31037 Filed 12-5-00; 8:45 am]
BILLING CODE 4510-30-M