[Federal Register Volume 66, Number 224 (Tuesday, November 20, 2001)]
[Notices]
[Page 58175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28985]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-39,188]


Rhoda Lee, Inc., New York, NY; Notice of Negative Determination 
Regarding Application for Reconsideration

    By application dated June 12, 2001, the Amalgamated Ladies' Garment 
Cutters' Union, Local 10, UNITE 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 subject firm. The denial notice 
was signed on May 8, 2001, and published in the Federal Register on May 
23, 2001 (66 FR 28553).
    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 petition for the workers of Rhoda Lee, Inc., New York, New York 
was denied because the ``contributed importantly'' group eligibility 
requirement of section 222(3) of the Trade Act of 1974, as amended; was 
not met. The denial was based on evidence indicating that markers the 
impacted worker group produced, were only used when the company 
contracted out work and the company did not import markers during the 
relevant period.
    The petitioner alleges that Rhoda Lee, Inc. replaced domestic 
production (apparel) with imports, thus the need for markers decreased 
resulting in the displacement of the worker(s).
    The impacted worker(s) of the subject plant producing markers were 
separately identifiable from other functions performed at the subject 
firm and therefore is the group of worker(s) which may be considered 
for TAA eligibility. The company did not import makers and only 
purchased markers from other domestic sources during the relevant 
period.
    The imports of any other product (apparel) by the company is not 
relevant to this petition that was filed on behalf of worker(s) 
producing markers.

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 26th day of October 2001.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 01-28985 Filed 11-19-01; 8:45 am]
BILLING CODE 4510-30-M