[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Notices]
[Pages 54940-54941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19027]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,728]


R and S Vinyl Products Group L.L.C., Clarion, PA; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application of August 31, 2007, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Alternative Trade Adjustment Assistance 
(ATAA).
    The workers of R&S Vinyl Products Group LLC, Clarion, Pennsylvania 
were certified eligible to apply for Trade Adjustment Assistance (TAA) 
and denied to apply for ATAA on July 31, 2007. The denial notice was 
published in the Federal Register on August 14, 2007 (72 FR 45451).
    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 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 initial ATAA investigation determined that the skills of the 
subject worker group are easily transferable to other positions in the 
local area.
    In the request for reconsideration, the petitioner requested a 
review of the

[[Page 54941]]

initial petition and to include the ATAA benefits. The petitioner 
appears to be under the impression that the workers eligibility for 
ATAA was not investigated in the original investigation.
    The Department reviewed the initial investigation and determined 
that subject workers eligibility for ATAA was investigated. The 
investigation revealed that workers' skills are transferable to other 
positions within the commuting area. However, the Department conducted 
additional investigation on reconsideration and contacted a company 
official to determine if workers' are eligible for ATAA. Based on a 
company official's statements it was confirmed that there are several 
existing and new manufacturing facilities within the commuting area, 
which are in the process of hiring workers with skills similar to those 
possessed by the subject worker group. Consequently, the investigation 
confirmed that workers' skills are easily transferable to other 
companies.

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 17th day of September 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-19027 Filed 9-26-07; 8:45 am]
BILLING CODE 4510-FN-P