[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Notices]
[Page 46192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4295]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-57,253]


Vision Knits, Inc., Albemarle, NC; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of June 28, 2005, a company official requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on June 16, 2005, and 
published in the Federal Register on July 14, 2005 (70 FR 40741).
    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 petition for the workers of Vision Knits, Inc., Albemarle, 
North Carolina engaged in production of unfinished knit fabric was 
denied because the ``contributed importantly'' group eligibility 
requirement of section 222 of the Trade Act of 1974, as amended, was 
not met, nor was there a shift in production from that firm to a 
foreign country. The ``contributed importantly'' test is generally 
demonstrated through a survey of the workers' firm's customers. The 
survey revealed no imports of unfinished knit fabric during the 
relevant period. The subject firm did not import unfinished knit fabric 
nor did it shift production to a foreign country during the relevant 
period.
    The petitioner states that even though the subject firm produces 
fabric, this fabric is further used in the production of garments. The 
petitioner alleges that because final customers purchase garments from 
foreign countries, the subject firm lost its business due to the 
imports of finished garments.
    The petitioner attached two letters from customers to support the 
allegations. The letters state that increased imports of finished 
garments resulted in customers' loss of business.
    The petitioner concludes that, because the production of garments 
occurs abroad, the subject firm workers producing fabric are import 
impacted.
    In order to establish import impact, the Department must consider 
imports that are like or directly competitive with those produced at 
the subject firm. Imports of garments cannot be considered like or 
directly competitive with unfinished fabric produced by Vision Knits, 
Inc.

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, day 28th of July, 2005.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-4295 Filed 8-8-05; 8:45 am]
BILLING CODE 4510-30-P