[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Notices]
[Page 57070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19726]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,821]


Hanes Brands Incorporated, Forest City, NC; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of August 27, 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 July 25, 2007 and published in the Federal 
Register on August 9, 2007 (72 FR 44866).
    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 filed on behalf of workers at Hanes Brands 
Incorporated, Forest City, North Carolina engaged in the production of 
fleece and Jersey fabric, 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 states that 
there was a significant decrease in employment at the subject firm in 
the past few years and that the subject firm replaces workers who have 
left the company by temporary labor.
    The company official was contacted to verify employment numbers at 
the subject firm. 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. The company official 
confirmed what was established during the initial investigation. 
Production and salaried worker employment at the subject firm has 
increased from 2005 to 2006 and from January through June of 2007 when 
compared with the same period in 2006. Furthermore, the company 
official clarified that the subject firm does hire temporary workers in 
the times of increased demand. However, the employment numbers provided 
by the company official in the initial investigation do not reflect 
temporary workers.
    Should conditions change in the future, the petitioner is 
encouraged to file a new petition on behalf of the worker group which 
will encompass an investigative period that will include these changing 
conditions.

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 28th day of September 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E7-19726 Filed 10-4-07; 8:45 am]
BILLING CODE 4510-FN-P