[Federal Register Volume 67, Number 77 (Monday, April 22, 2002)]
[Notices]
[Pages 19591-19592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9757]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-40,131]


Levcor International, Inc., New York, NY; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of January 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 was signed on January 2, 2002 and published in the 
Federal Register on January 11, 2002 (67 FR 1511).
    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 TAA petition, filed on behalf of workers at Levcor 
International, Inc. engaged in the production of fabric for apparel, 
was denied because the criterion (2) of the group eligible requirement 
was not met. Sales at the subject firm did not decline during the 
relevant period.
    The company alleges that sales at the subject firm decreased during 
the relevant period. The company further indicated that the most recent 
sales figures they provided include figures from a company they acquire 
during the most recent period. The company further indicated that by 
extracting out those sales figures, subject plant sales would show a 
decline during the relevant period.
    Examination of sales data supplied during the initial investigation 
and clarification from the company further

[[Page 19592]]

supports the original decision that sales increased during the relevant 
period.
    Based on further information provided during reconsideration it 
became evident that the workers were not engaged in production of an 
article, fabric. Workers instead, only performed sales and 
administrative functions during the relevant period.
    The subject workers do not produce an article within the meaning of 
section 222(3) of the Act.

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 22nd day of March, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-9757 Filed 4-19-02; 8:45 am]
BILLING CODE 4510-30-M