[Federal Register Volume 68, Number 226 (Monday, November 24, 2003)]
[Notices]
[Pages 65955-65956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29260]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-52,101]


Pearl Baths, Inc., a Division of MAAX, Inc., Brooklyn Park, MN; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By application of August 18, 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 was signed on July 25, 2003 and published in the Federal 
Register on August 14, 2003 (68 FR 48645).
    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 Pearl Baths, Inc., 
a division of MAXX, Inc., Brooklyn Park, Minnesota engaged in the 
production of whirlpool baths was denied because the ``contributed 
importantly'' group eligibility requirement of Section 222 of the Trade 
Act of 1974 was not met and production was not shifted abroad.
    The petitioner's main allegation consisted in the fact that 
employees of the Marketing, Customer Service, Tech Service and 
Accounting Departments, who were engaged in production, were separated 
as a result of a shift of their positions to Canada.
    Marketing, customer service, tech service and accounting do not 
constitute

[[Page 65956]]

production according to the eligibility requirements for trade 
adjustment assistance.
    Only in very limited instances are service workers certified for 
TAA, namely the worker separations must be 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 2nd day of October, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-29260 Filed 11-21-03; 8:45 am]
BILLING CODE 4510-30-P