[Federal Register Volume 68, Number 129 (Monday, July 7, 2003)]
[Notices]
[Pages 40299-40300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16894]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-51,282]


Gateway Country Store LLC, Asheville, NC; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application postmarked May 17, 2003, a petitioner 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 Gateway Country Store LLC, 
Asheville, North Carolina was signed on April 29, 2003, and published 
in the Federal Register on April 24, 2003 (68 FR 20177).
    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 was filed on behalf of workers at Gateway Country 
Store LLC, Asheville, North Carolina engaged in activities related to 
computer sales and related retail services. 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 asserts that the main competition for the Gateway 
computers sold by the petitioning worker group is a company that 
produces computers in China. Apparently, the allegation appears to be 
that this competition is affecting the downturn in production of 
Gateway computers, and consequently leading to layoffs of the retail 
workers selling these products.
    In order to be eligible for trade adjustment assistance, the 
subject firm workers must produce an article within the meaning of 
section 222 of the Trade Act. Workers of Gateway Country Store LLC, 
Asheville, North Carolina do not produce an article and thus do not 
meet the eligibility requirements for TAA.
    Only in very limited instances are service workers certified for 
TAA, namely the worker separations must be

[[Page 40300]]

caused by a reduced demand for their services from a parent or 
controlling firm or subdivision whose workers produce an article and 
who are currently under certification for TAA.

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 13th day of June, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-16894 Filed 7-3-03; 8:45 am]
BILLING CODE 4510-30-P