[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Notices]
[Page 50417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4671]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-57,077]


Radicispandex Corporation, Fall River, MA; Notice of Revised 
Determination on Reconsideration

    By application of July 15, 2005 a 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 
Alternative Trade Adjustment Assistance (ATAA). The denial notice was 
signed on June 9, 2005 and published in the Federal Register on July 
14, 2005 (70 FR 40741).
    The TAA petition, filed on behalf of workers at Radicispandex 
Corporation, Fall River, Massachusetts engaged in administrative 
support related to production of spandex fibers was denied because the 
``contributed importantly'' group eligibility requirement of Section 
222 of the Trade Act of 1974 was not met.
    A review of the initial investigation determined that the workers 
of the subject firm may qualify for TAA eligibility on the basis of a 
secondary upstream supplier impact.
    Having conducted an investigation of subject firm workers on the 
basis of secondary impact, it was revealed that workers of 
Radicispandex Corporation, Fall River, Massachusetts supported 
production of affiliated facilities which supplied spandex fibers that 
were used in the production of knit fabric, and a loss of business with 
domestic manufacturers (whose workers were certified eligible to apply 
for adjustment assistance) contributed importantly to the workers 
separation or threat of separation.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department of Labor herein presents the results 
of its investigation regarding certification of eligibility to apply 
for alternative trade adjustment assistance (ATAA) for older workers.
    The group eligibility criteria for the ATAA program that the 
Department must consider under Section 246 of the Trade Act are:
    1. Whether a significant number of workers in the workers' firm are 
50 years of age or older.
    2. Whether the workers in the workers' firm possess skills that are 
not easily transferable.
    3. The competitive conditions within the workers' industry (i.e., 
conditions within the industry are adverse).
    The Department has determined that criterion 3 has not been met.
    The investigation revealed workers in the workers' firm do possess 
skills that are easily transferable skills.

Conclusion

    After careful review of the facts obtained in the investigation, I 
determine that workers of Radicispandex Corporation, Fall River, 
Massachusetts qualify as adversely affected secondary workers under 
Section 222 of the Trade Act of 1974, as amended. In accordance with 
the provisions of the Act, I make the following certification:

    ``All workers of Radicispandex Corporation, Fall River, 
Massachusetts who became totally or partially separated from 
employment on or after April 28, 2004 through two years from the 
date of this certification, are eligible to apply for adjustment 
assistance under Section 223 of the Trade Act of 1974;'' and
    I further determine that all workers of Radicispandex 
Corporation, Fall River, Massachusetts are denied eligibility to 
apply for alternative trade adjustment assistance under Section 246 
of the Trade Act of 1974.

    Signed at Washington, DC, this 11th day of August, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-4671 Filed 8-25-05; 8:45 am]
BILLING CODE 4510-30-P