[Federal Register Volume 71, Number 150 (Friday, August 4, 2006)]
[Notices]
[Page 44321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12621]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-58,935]


WSW Company of Sharon, Inc., a Subsidiary of Wormser Company, 
Sharon, TN; Notice of Negative Determination on Reconsideration

    On May 10, 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 May 19, 2006 (71 FR 29184).
    The petition for Trade Adjustment Assistance (TAA), dated February 
28, 2006, filed on behalf of workers of WSW Company of Sharon, Inc., a 
Subsidiary of Wormser Company, Sharon, Tennessee (subject facility) was 
denied because, during the relevant period, the workers did not produce 
an article within the meaning of the Trade Act and did not support a 
domestic production facility that was import-impacted. While the 
subject facility was previously certified for TAA (TA-W-51,848), the 
certification expired prior to the petition date (expired on June 30, 
2005).
    In the request for reconsideration, the petitioners assert that, 
during the relevant period, they were engaged in activity related to 
the production of an article (children's sleepwear) manufactured by 
Wormser Company (subject firm).
    During the reconsideration investigation, the Department confirmed 
that domestic production had ceased in 2004 and, therefore, determined 
that production did not take place at the subject facility during the 
relevant period.
    In subsequent submissions, the petitioners asserted that they 
produced ``pick tickets'' (internal-use distribution documents) and 
labels used for shipping. Although the workers' activities resulted in 
printed material, this material is incidental to the provision of 
distribution services. The Department has consistently determined that 
items produced as a result of the provision of services are not 
marketable and not an article for purposes of the Trade Act.
    Further, information provided by the petitioners reveal that the 
activities in which they were engaged supported a domestic warehousing 
and shipping facility, not a production facility.

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 27th day of July 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E6-12621 Filed 8-3-06; 8:45 am]
BILLING CODE 4510-30-P