[Federal Register Volume 69, Number 141 (Friday, July 23, 2004)]
[Notices]
[Page 44066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16772]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,938]


Oshkosh B'Gosh, Inc., Oshkosh, Wisconsin; Notice of Determination 
Regarding Application for Reconsideration

    By application of February 3, 2004, 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 January 12, 2004 and published in the 
Federal Register on February 6, 2004 (69 FR 5866).
    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 Oshkosh B'Gosh, 
Inc., Oshkosh, Wisconsin engaged in activities related to information 
technology and administrative services at the Corporate Headquarters, 
was denied because the petitioning workers did not produce an article 
within the meaning of Section 222 of the Act.
    The petitioner alleges that the petitioning group of workers were 
in direct contact with and solely responsible in supplying 
communications support to Oshkosh B'Gosh manufacturing facilities in 
Albany and Liberty, Kentucky. The workers of these facilities were 
certified eligible for TAA on November 24, 2003.
    A company official was contacted to verify whether workers at the 
subject facility were performing services for Oshkosh B'Gosh 
manufacturing plants during the relevant period. The company official 
stated that only workers of the Computer Marking Department and 
Information Technology Department of the subject firm were in support 
of production at the manufacturing facilities within Oshkosh B'Gosh, 
Inc. Workers of these departments performed information technologies 
functions and prepared computerized instructions for production 
affiliates and were separately identifiable from all other workers at 
the subject facility. It was further revealed that the worker 
separations from Computer Marking and Information Technology 
Departments were caused by a reduced demand for their services from 
several manufacturing subdivisions which shifted production to foreign 
countries during the relevant period. The official further reported 
that the rest of the employees separated from the subject firm during 
the relevant time period did not support production at the 
manufacturing facilities and were not affected by their closures.
    In accordance with Section 246 of the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department of Labor herein presents the results 
of its investigation regarding certification of eligibility to apply 
for alternative trade adjustment assistance (ATAA) for older workers of 
the Oshkosh B'Gosh, Inc., Computer Marking Department and Information 
Technology Department, Oshkosh, Wisconsin.
    The group eligibility criteria for the ATAA program that the 
Department must consider under Section 246 of the Trade Act are:
    1. Whether a significant number of workers in the workers' firm are 
50 years of age or older.
    2. Whether the workers in the workers' firm possess skills that are 
not easily transferable.
    3. The competitive conditions within the workers' industry (i.e., 
conditions within the industry are adverse).
    The Department has determined that criterion 1 has not been met. 
The investigation revealed that less than three workers of the affected 
group of workers are age 50 of over.

Conclusion

    After careful review of the facts obtained in the investigation, I 
determine that increases of imports of articles like or directly 
competitive with articles produced by Oshkosh B'Gosh, Inc. contributed 
importantly to the total or partial separation of workers and to the 
decline in sales or production at that firm or subdivision. In 
accordance with the provisions of the Act, I make the following 
certification:

    All workers of the Oshkosh B'Gosh, Inc., Computer Marking 
Department and Information Technology Department, Oshkosh, 
Wisconsin, who became totally or partially separated from employment 
on or after December 29, 2002 through two years from the date of 
this certification, are eligible to apply for adjustment assistance 
under Section 223 of the Trade Act of 1974, and are denied 
eligibility to apply for alternative trade adjustment assistance 
under Section 246 of the Trade Act of 1974 and;
    I further determine that all other workers at Oshkosh B'Gosh, 
Inc., Oshkosh, Wisconsin are denied eligibility to apply for 
adjustment assistance under Section 223 of the Trade Act of 1974 and 
are denied eligibility to apply for alternative trade adjustment 
assistance under Section 246 of the Trade Act of 1974.

    Signed at Washington, DC, this 14th day of July, 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-16772 Filed 7-22-04; 8:45 am]
BILLING CODE 4510-30-P