[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Notices]
[Page 55253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19179]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,852]


Schnadig Corporation, Montoursville, PA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated September 3, 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 Trade Adjustment Assistance (TAA). The 
denial notice was signed on August 3, 2007 and 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 TAA petition, which was filed on behalf of workers at Schnadig 
Corporation, Montoursville, Pennsylvania engaged in the production of 
lawn and garden products, was denied based on the findings that during 
the relevant time period, the subject company did not separate or 
threaten to separate a significant number or proportion of workers, as 
required by Section 222 of the Trade Act of 1974.
    In the request for reconsideration, the petitioner alleges that 
because he was a part of the initially certified worker group and 
remained employed by the subject firm after all the production stopped 
and beyond the expiration date of the original TAA certification, he 
should be also eligible for TAA.
    The workers of the subject firm were previously certified eligible 
for TAA (TA-W-55,198). This certification expired on July 15, 2006. The 
investigation revealed that production at the subject firm ceased in 
August of 2004.
    When assessing eligibility for TAA, the Department exclusively 
considers the relevant employment data (for one year prior to the date 
of the petition and any imminent layoffs) for the facility where the 
petitioning worker group was employed. In this case, the employment 
since the expiration of the previous certification was considered. The 
subject firm did not separate or threaten to separate a significant 
number of proportion of workers as required by Section 222 of the Trade 
Act of 1974. Significant number or proportion of the workers in a firm 
or appropriate subdivision means at least three workers in a workforce 
of fewer than 50 workers, five percent of the workers in a workforce of 
over 50 workers, or at least 50 workers.
    Moreover, in its investigation, the Department considers production 
that occurred one year prior to the date of the petition as required in 
the Trade Adjustment Assistance regulations. Thus the period ending in 
2004 is outside of the relevant period as established by the current 
petition date of July 12, 2007. The investigation revealed that the 
subject facility did not manufacture articles since 2004 and workers of 
the subject firm were not engaged in production of an article or 
supporting production of the article during the relevant time period. 
The Department further found that no new information was provided to 
contradict the original negative findings.

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 21st day of September, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-19179 Filed 9-27-07; 8:45 am]
BILLING CODE 4510-FN-P