[Federal Register Volume 67, Number 74 (Wednesday, April 17, 2002)]
[Notices]
[Pages 18929-18930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9347]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-40,119]


Tennford Weaving, Sanford, Maine; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of December 31, 2001, the petitioners 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 Tennford Weaving, Sanford, 
Maine, was issued on December 11, 2001, and was published in the 
Federal Register on December 26, 2001 (66 FR 66426).
    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 mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The negative TAA determination issued by the Department on December 
11, 2001 was based on the fact that the subject plant's assets were 
sold to Alkahn Labels, Inc., New York, New York and that Alkahn Labels, 
Inc. did not import woven labels during the relevant period.
    The request for administrative reconsideration indicates that 
Tennford Weaving, Sanford, Maine sold their assets (machinery) to 
Alkahn Labels, Inc. The new owner of the equipment then shipped the 
machinery to Weston, West Virginia where some of the machinery was 
reconfigured for use overseas in Hong Kong.
    Declines in subject plant employment is related to the subject 
plant's machinery being sold on August 1, 2001 to Alkahn Labels, Inc. 
The new owner consolidated their manufacturing operations by 
transferring the subject plant machinery to factories located in West 
Virginia, South Carolina and Hong Kong. The investigation further 
revealed that the subject plant and Alkahn Labels, Inc. did not import 
woven labels during the relevant period.
    The shift of plant machinery to a foreign source does not meet the 
``contributed importantly'' group eligibility requirement of section 
222(3) of the Trade Act of 1974, as amended. To meet the eligibility 
requirements of criterion (3) the increases of imports of articles like 
or directly competitive with articles produced by the subject firm or 
appropriate subdivision have to contribute importantly to the 
separations and to the absolute decline in sales or production. This is 
not the case for the workers of the subject firm.
    The petitioners in their request for administrative reconsideration 
also attached shipping invoices to their request.
    An examination of the attached shipping invoices revealed that Sher

[[Page 18930]]

Woven Label, a Division of Alkahn Labels, Inc. primarily shipped 
products to foreign sources. One invoice reflects a domestic to 
domestic shipment. Exports of woven labels by the company do not meet 
the increasing imports eligibility requirements of section 222 of the 
Trade Act, as amended.

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 March, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-9347 Filed 4-16-02; 8:45 am]
BILLING CODE 4510-30-M