[Federal Register Volume 65, Number 246 (Thursday, December 21, 2000)]
[Notices]
[Page 80459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32588]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-32,216]


Samsonite Corporation, Tucson, AZ; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of December 5, 2000, the petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding worker eligibility to apply for trade 
adjustment assistance, applicable to workers of the subject firm. The 
denial notice was signed on November 29, 2000 and will soon be 
published in the Federal Register.
    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 request for reconsideration claims that subject plant 
production of cut fabric used for further production of soft-sided 
luggage is being transferred to Mexico and the cut fabric is then 
incorporated into soft-sided luggage at the Mexican facility. The 
finished suitcase is then shipped back to the United States.
    The denial of TAA for the workers of Samsonite in Tucson, Arizona, 
was based on the finding that criterion (3) of the worker group's 
eligibility requirements of Section 222 of the Trade Act was not met. 
Layoffs at the subject firm were the direct result of a shift in 
subject plant production of cut fabric to Mexico. The cut fabric is not 
imported back to the United States, but incorporated into the further 
production of soft-sided luggage. The luggage is then imported back to 
the United States.
    As depicted in the negative determination, the preponderance in the 
declines in employment at the subject plant may be related to the 
subject firm's increasing imports of finished luggage made of cut 
fabric pieces. Increased imports of finished articles cannot be used as 
the basis for certification of workers producing a component for the 
finished article. Imports of cut fabric for soft-sided luggage and not 
of finished soft-sided luggage must be considered as the basis for 
possible certification of this case.

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 11th day of December 2000.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 00-32588 Filed 12-20-00; 8:45 am]
BILLING CODE 4510-30-M