[Federal Register Volume 68, Number 36 (Monday, February 24, 2003)]
[Notices]
[Page 8627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4279]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-41,453]


Fun Tees, Inc., Distribution Center, Concord, NC; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application received on August 20, 2002, a petitioning worker 
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 Fun Tees, Inc., Distribution 
Center, Concord, North Carolina was signed on July 31, 2002, and 
published in the Federal Register on August 9, 2002 (67 FR 51870).
    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.
    Workers at the subject facility were engaged in the shipping and 
distribution of tee shirts. The petition was denied because the 
petitioning workers did not produce an article within the meaning of 
section 222(3) of the Act.
    The petitioner requesting reconsideration stated that she produced 
neck labels and hang tags at the subject facility and that this 
production was shipped abroad during the relevant period. Further 
contact with the company confirmed that the petitioner did produce neck 
labels and hang tags at the Concord facility and that this production 
did shift overseas within the relevant period. The worker did not affix 
labels or tags to the tee shirts.
    Communication with the company revealed that the petitioning 
worker's layoff was the direct result of a shift in subject plant 
production of neck labels and hang tags to offshore facilities. 
However, the neck labels and hang tags are not imported back to the 
United States, but affixed to tee shirts as a finished product. The tee 
shirts are then imported back to the United States. Increased imports 
of finished articles cannot be used as the basis for certification of 
workers producing a component for the finished article. Imports of tee 
shirts and not neck labels and hang tags must be considered to meet 
criterion (3) of the worker group's eligibility requirements of section 
222 of the Trade 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 decision. Accordingly, the application is denied.

    Signed at Washington, DC, this 3rd day of February 2003.
Edward A. Tomchick
Director, Division of Trade Adjustment Assistance.
[FR Doc. 03-4279 Filed 2-21-03; 8:45 am]
BILLING CODE 4510-30-P