[Federal Register Volume 70, Number 35 (Wednesday, February 23, 2005)]
[Notices]
[Page 8824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-700]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,181]


Aladdin Industries, LLC, Corporate Headquarters, Nashville, TN; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By application of January 19, 2005, the company official 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 
Alternate Trade Adjustment Assistance (ATAA). The negative 
determination was signed on January 4, 2005, and will soon be published 
in the Federal Register.
    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 request for reconsideration asserts that the workers subject of 
this petition worked alongside, and should be treated the same as, 
workers of Aladdin Industries, LLC, Nashville, Tennessee, who were 
previously certified eligible to apply for the TAA under petition 
number TA-W-41,514.
    The certification for TA-W-41,514 was issued on July 18, 2002, and 
provided coverage to workers engaged in employment related to the 
production of hot and cold insulated products, including thermos 
bottles and beverages mugs, who became totally or partially separated 
from employment on or after April 19, 2001, through July 18, 2004. The 
certification was based on the findings that sales, production, and 
employment declined during the period under investigation (2000, 2001 
and January through March 2002). During that same time period company 
imports of thermos bottles and beverage mugs increased.
    The petition for TA-W-56,181, initiated on December 8, 2004, was 
filed by a company official on behalf of workers of the Corporate 
Headquarters of Aladdin Industries, Nashville, Tennessee. The company 
had sold the firm and production ceased on August 2, 2002. For more 
than one year prior to the date of the petition, the subject company 
did not produce any article at its Nashville, Tennessee facility. The 
investigation found that the corporate headquarters worker group was 
engaged in closing out the remaining business. Specifically, the 
activities at corporate headquarters consisted of accounting, employee 
benefits (insurance and pension), and clearing out and selling 
machinery.
    The petition was denied because the firm did not produce an article 
within the meaning of Section 222(a)(2) of the Trade Act. Furthermore, 
the workers did not support production at an affiliated facility whose 
workers independently met the statutory criteria for TAA certification 
since Aladdin Industries, LLC ceased production in August 2002, more 
than one year prior to the petition date (December 1, 2004). Therefore, 
the Department determined that the corporate headquarters worker group 
cannot be certified as eligible to apply for adjustment assistance.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the subject worker group must be certified eligible 
to apply for trade adjustment assistance TAA. Since the workers are 
denied eligibility to apply for TAA, the worker group cannot be 
certified eligible for ATAA.

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 3rd day of February, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-700 Filed 2-22-05; 8:45 am]
BILLING CODE 4510-30-P