[Federal Register Volume 66, Number 210 (Tuesday, October 30, 2001)]
[Notices]
[Page 54788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27243]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-39,330]


Volunteer Leather, Milan, Tennessee; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of June 29, 2001, the company requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA). The 
denial notice applicable to workers of Volunteer Leather, Milan, 
Tennessee was issued on June 4, 2001, and was published in the Federal 
Register on June 27, 2001 (66 FR 34256).
    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 investigation findings revealed that criterion (3) of the group 
eligibility requirements of Section 222 of the Trade Act of 1974 was 
not met. Increased imports did not contribute importantly to worker 
separations at the subject firm. The preponderance in the declines in 
employment at the Volunteer Leather, Milan, Tennessee is the direct 
result of plant production being shifted to another domestic location. 
Reported company sales and production increased during the relevant 
period.
    The request for reconsideration claims that the reported company-
wide sales and production during the original investigation, would have 
reflected a decline in sales and production if it were not for the 
acquisition of the subject firm during June 2000. The petitioner 
supplied specific data pertaining to the Milan, Tennessee plant 
production during the first quarter of 2001. The application also 
supplies estimated company-wide production, if the subject plant was 
included in the company figures for the first quarter of 2000. 
Extrapolating the estimated production figures from the original 
reported production depicts stable plant production during the two 
comparable periods. The findings of the original investigation 
indicated that ``the preponderance in the declines in employment at 
Volunteer Leather, Milan, Tennessee is the direct result of plant 
production being shifted to another domestic location. The domestic 
shift is due to company-wide excess capacity.'' The information the 
claimant provides depicts excess capacity at another company location, 
in combination of steady production at the subject plant, thus 
supporting the original decision.
    The petitioner further states that the increasing cost of cattle 
hides (raw material) and imports of shoes (the product the leather is 
produced for) are contributing factors to layoffs at the subject plant. 
Neither factor is a basis for certifying the worker group at Volunteer 
Leather producing finished leather.

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 15th day of October 2001.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 01-27243 Filed 10-29-01; 8:45 am]
BILLING CODE 4510-30-M