[Federal Register Volume 70, Number 93 (Monday, May 16, 2005)]
[Notices]
[Page 25865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2401]



[[Page 25865]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,484]


Renee's Manufacturing, Inc., San Francisco, CA; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application of April 7, 2005 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) and 
Alternative Trade Adjustment Assistance (ATAA). The denial notice was 
signed on March 4, 2005 and published in the Federal Register on April 
1, 2005 (70 FR 16846). 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, filed on behalf of workers at Renee's 
Manufacturing, San Francisco, California sewing women's tops, bottoms, 
blouses and skirts on a contract basis was denied because the 
``contributed importantly'' group eligibility requirement of Section 
222 of the Trade Act of 1974 was not met. The ``contributed 
importantly'' test is generally demonstrated through a survey of the 
workers' firm's customers. The survey revealed no imports of women's 
tops, bottoms, blouses and skirts during the relevant period. The 
subject firm did not import women's tops, bottoms, blouses and skirts 
in the relevant period nor did it shift production to a foreign 
country.
    In the request for reconsideration, the petitioner alleges that the 
layoffs at the subject firm are attributable to a shift in production 
to a foreign country. A company official was contacted regarding the 
above allegations. The company official stated that no production has 
been shifted from the subject firm to a foreign country and currently, 
there are no such plans.
    Should the shift abroad occur, the petitioners are encouraged to 
file a new petition on behalf of workers at the Renee's Manufacturing, 
San Francisco, California, thereby creating a new period of 
investigation that would include changing conditions.

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 May, 2005.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-2401 Filed 5-13-05; 8:45 am]
BILLING CODE 4510-30-P