[Federal Register Volume 70, Number 134 (Thursday, July 14, 2005)]
[Notices]
[Pages 40736-40737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3738]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,586]


Lawson-Hemphill Sales, Inc., Spartanburg, SC; Notice of Negative 
Determination on Reconsideration

    On April 6, 2005, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject facility. The notice of determination 
was published on April 25, 2005 in the Federal Register (70 FR 21250). 
Workers at the subject facility sell textile testing instruments.
    On January 24, 2005, a company official filed the petition as a 
secondarily-affected company (affected by loss of business as a 
supplier, assembler, or finisher of products or components produced for 
a TAA certified firm). The Department denied Trade Adjustment 
Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA) to 
workers and former workers of Lawson-Hemphill Sales, Inc., Spartanburg, 
South Carolina because the worker separation eligibility requirement of 
Section 222 of the Trade Act of 1974, as amended, was not met. The 
investigation revealed that the subject facility neither separated nor

[[Page 40737]]

threatened to separate a significant number or proportion of workers at 
the subject facility during the relevant period (January-December 
2004).
    In the request for reconsideration, the petitioner alleged that the 
subject facility supported an affiliated production facility, Lawson-
Hemphill, Inc., Central Falls, Rhode Island.
    A careful review of previously-submitted documents revealed that a 
significant number of the workers at the South Carolina facility were 
separated or threatened with separation during the relevant period and 
that the primary function of the South Carolina facility is to sell 
textile testing instruments produced at the Rhode Island facility.
    Even if the subject worker group supported production at the Rhode 
Island facility, they could not be certified for TAA under this 
petition because the Rhode Island facility was not affected by loss of 
business as a supplier, assembler, or finisher of products or 
components produced for the TAA-certified firms identified in the 
petition: Globe Manufacturing, Fall River, Massachusetts (TA-W-38,840); 
Cavalier Specialty Yarn, Gastonia, North Carolina (TA-W-53,226); Cone 
Mills Corporation, Cliffside, North Carolina (TA-W-53,291A); Pillowtex 
Corporation, Kannapolis, North Carolina (TA-W-39,416); Burlington 
Industries, Greensboro, North Carolina (TA-W-40,205); and Spartan 
Mills, Spartanburg, South Carolina (TA-W-37,126).
    Lawson-Hemphill, Inc. cannot be considered a secondarily-affected 
company because textile testing instruments is not a component of 
textiles and the company neither assembles nor finishes an article 
produced by the above-identified companies.
    Since the workers are denied eligibility to apply for TAA, the 
workers cannot be certified eligible for ATAA.

Conclusion

    After careful reconsideration, I affirm the original notice of 
negative determination of eligibility to apply for worker adjustment 
assistance for workers and former workers of Lawson-Hemphill Sales, 
Inc., Spartanburg, South Carolina.

    Signed at Washington, DC, this 30th day of June, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-3738 Filed 7-13-05; 8:45 am]
BILLING CODE 4510-30-P