[Federal Register Volume 66, Number 243 (Tuesday, December 18, 2001)]
[Notices]
[Pages 65226-65227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31140]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-04888]


Imperial Home Decor Group, Plattsburgh, NY; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated June 22, 2001, the petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for North American Free 
Trade Agreement-eligibility Adjustment Assistance (NAFTA-TAA), 
applicable to workers and former workers of the subject firm. The 
denial notice was signed on June 4, 2001, and was published in the 
Federal Register on June 27, 2001 (66 FR 34257).

[[Page 65227]]

    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 denial of NAFTA-TAA for workers providing warehousing, 
maintenance and security at Imperial Home Decor Group, Plattsburgh, New 
York, as based on the finding that the workers do not produce an 
article as required for certification under section 250(a) of the Trade 
Act of 1974, as amended.
    The petitioner claims that the workers engaged in the warehousing, 
maintenance and security at the subject plant should be certified for 
eligibility under NAFTA-TAA since the plant was under an existing 
certification (NAFTA-02904), which expired on March 22, 2001. The 
petitioner further states that warehouse functions were transferred to 
Canada.
    Review of the investigation shows that no production has been 
performed at the subject firm since November 1998. They were not in 
direct support of a certified facility producing a product during the 
relevant period. All workers terminated during the NAFTA-TAA 
certification (NAFTA-02904) period are eligible to apply for benefits.
    Since no production at the subject firm has been performed after 
November 1998, the workers terminated after March 22, 2001 cannot be 
considered engaged in production as required in Section 250(a) of the 
Trade Act, as amended. The workers are considered for eligibility based 
on what they did during the relevant period and cannot be connected to 
the previous certification or previous plant production that was done 
before the relevant period of the investigation.
    Workers of Imperial Home Decor Group, Plattsburgh, New York may be 
certified only if their separation was caused importantly by a reduced 
demand for their services from a parent firm, a firm otherwise related 
to the subject firm by ownership, or a firm related by control. 
Additionally, the reduction in demand for services must originate at a 
production facility whose workers independently meet the statutory 
criteria for certification and the reduction must directly relate to 
the product impacted by imports. These conditions have not been met for 
workers at the subject firm.
    Further, any shift in warehousing functions to Canada as depicted 
by the petitioner, does not meet the eligibility requirements for the 
same reason as discussed above.

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 decisions. Accordingly, the application is denied.

    Signed at Washington, DC this 30th day of November, 2001.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 01-31140 Filed 12-17-01; 8:45 am]
BILLING CODE 4510-30-M