[Federal Register Volume 68, Number 128 (Thursday, July 3, 2003)]
[Notices]
[Pages 39977-39978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16896]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-51,355]


Culp, Inc., Rossville Division, Chattanooga, TN; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application postmarked May 20, 2003, three workers requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to

[[Page 39978]]

apply for Trade Adjustment Assistance (TAA). The denial notice was 
signed on April 28, 2003 and published in the Federal Register on May 
9, 2003 (68 FR 25060).
    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 TAA petition, filed on behalf of workers at Culp, Inc., 
Rossville Division, Chattanooga, Tennessee engaged in the production of 
upholstery fabrics, 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 ``contributed importantly'' test is 
generally demonstrated through a survey of the workers' firm's 
customers. The Department conducted a survey of the subject firm's 
major customers regarding their purchases of competitive products in 
2000 through October 2002. The respondents reported no increased 
imports. The subject firm did not increase its reliance on imports of 
upholstery fabrics during the relevant period, nor did it shift 
production to a foreign source.
    The workers allege that production has been shifted to China.
    A company official was contacted in regard to this allegation. As a 
result, it was revealed that the company will be opening a foreign 
``finishing'' plant for upholstery products in November of 2003. This 
information has no bearing on a revised consideration for subject firm 
workers because (a) the weaving that was done at the Chatanooga 
facility is not competitive with the finishing that will be done at the 
foreign facility, and (b), the November start date for production at 
the foreign facility is outside the relevant period for this 
investigation.

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 16th day of June, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-16896 Filed 7-2-03; 8:45 am]
BILLING CODE 4510-30-P