[Federal Register Volume 71, Number 97 (Friday, May 19, 2006)]
[Notices]
[Page 29184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7611]



[[Page 29184]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-58,569]


OBG Distribution Company, Ltd., Celina, TN; Notice of Negative 
Determination on Reconsideration

    On April 14, 2006, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The notice was published in the 
Federal Register on April 24, 2006 (71 FR 21043).
    The petition for the workers of OBG Distribution Company, Ltd., 
Celina, Tennessee engaged in laundry research and development services 
on various pieces of fabric swatches for apparel was denied because the 
petitioning workers did not produce an article within the meaning of 
section 222 of the Act.
    The company official filed a request for reconsideration in which 
the petitioner provided additional information regarding the 
interpretation of work performed at the subject facility and further 
conveyed that workers of the subject firm produced a domestic article 
through a wash process that ``must be approved before manufacturing 
facilities can produce garments for production.'' The petitioner 
further outlines the stages of the research and development process of 
developing the laundering standards and samples for the manufacturing 
facilities. The petitioner concludes that because the subject firm is 
responsible for developing Quality Standards for OshKosh production 
facilities and workers physically perform cutting and laundering of 
samples and swatches, workers of the subject firm should be considered 
engaged in production of articles.
    A company official was contacted for clarification in regard to the 
nature of the work performed at the subject facility. The official 
stated that there was no actual production at the subject firm during 
the relevant time period. The workers developed ``shade cards and shade 
legs'' through laundering techniques, which showed future garment shade 
and finish. These swatches were used as samples in garment laundering 
by the off-shore laundry facilities. The official further stated 
workers of the subject firm establish quality standards for all 
products manufactured with OshKosh B'Gosh brand name, inspect the off-
shore sewing and laundry contractors who produce apparel, perform 
Laundry research and development, through testing and establishing 
laundry finishing standards and procedures, the process which involves 
cutting and sewing of fabric swatches.
    The sophistication of the work involved is not an issue in 
ascertaining whether the petitioning workers are eligible for trade 
adjustment assistance, but rather only whether they produced an article 
within the meaning of section 222 of the Trade Act of 1974.
    The investigation on reconsideration revealed that workers of OBG 
Distribution Company, Ltd., Celina, Tennessee do not produce articles, 
but rather support production of articles at other affiliated 
facilities. Establishing quality standards for garment manufacturing is 
not considered production of an article within the meaning of section 
222 of the Trade Act of 1974. Cutting and sewing of fabric at the 
subject firm is incidental to the research and development process of 
the laundering techniques, which occurs at the subject facility. 
Workers of the subject firm do not produce an article, but rather 
support production of articles. Furthermore, all production of articles 
that workers of the subject firm support occurs at foreign facilities, 
thus workers of the subject firm support off-shore production.
    The investigation on reconsideration supported the findings of the 
primary investigation that the petitioning group of workers did not 
produce an article.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of OBG Distribution Company, Ltd., 
Celina, Tennessee.

    Signed at Washington, DC this 11th day of May, 2006.
Elliott S. Kushner
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E6-7611 Filed 5-18-06; 8:45 am]
BILLING CODE 4510-30-P