[Federal Register Volume 69, Number 173 (Wednesday, September 8, 2004)]
[Notices]
[Pages 54319-54320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2094]


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DEPARTMENT OF LABOR

Employment And Training Administration

[TA-W-54,974]


Tarkett, Inc., Whitehall, Pennsylvania; Notice of Negative 
Determination Regarding Application for Reconsideration

    By letter of August 4, 2004, the 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) and 
Alternative Trade Adjustment Assistance (ATAA). The negative 
determination was signed on June 16, 2004. Department's notice of 
determination was published in the Federal Register on July 7, 2004 (69 
FR 40983).
    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 initial petition was denied because the subject worker group 
did not produce an article within the meaning of section 222(3) of the 
Act. The Department determined that the workers sold imported sheet 
vinyl flooring and provided administrative and information technology 
(IT) support for the sales team.
    Information supplied in the initial investigation indicate that 
production of sheet vinyl flooring at the subject facility ceased 
completely in 1999, that sheet vinyl flooring has not been made 
domestically since 1999, and that workers at the subject facility are 
engaged in the sale of sheet vinyl flooring produced entirely in 
Canada.

[[Page 54320]]

 The investigation also revealed that sales, marketing, and customer 
service functions are being performed at the subject facility, and that 
certain sales and IT positions moved to Canada.
    The petitioner alleges that their job functions are being performed 
by workers at an affiliated Canadian facility. The petitioner infers 
that the same circumstances that supported a previous certification for 
the subject firm (TA-W-39,469; signed July 31, 2001) should support the 
current application.
    The petitioner also alleges that the subject worker group supports 
an affiliated, TAA-certified facility (Tarkett, Inc., Newburgh, New 
York; signed March 24, 2003; TA-W-50,982). The petitioner further 
alleges that the closing of the New York site contributed to worker 
separations at the subject facility.
    The petitioner has not presented any new facts or made any 
allegation that facts used in determining TAA eligibility were 
erroneous or that there was a misinterpretation of facts. Thus, the 
Department reaffirms the determination that the workers at the subject 
firm do not produce an article within the meaning of Section 222(3) of 
the Trade Act 1974.

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 in Washington, DC, this 26th day of August, 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E4-2094 Filed 9-7-04; 8:45 am]
BILLING CODE 4510-30-P