[Federal Register Volume 73, Number 7 (Thursday, January 10, 2008)]
[Notices]
[Pages 1898-1899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-261]



[[Page 1898]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,357; TA-W-62,357A; TA-W-62,357B; TA-W-62,357C; TA-W-62,357D; 
TA-W-62,357E; TA-W-62,357F; TA-W-62,357G; TA-W-62,357H; TA-W-62,357I; 
TA-W-62,357J; TA-W-62,357K; TA-W-62,357L; TA-W-62,357M; TA-W-62,357N; 
TA-W-62,357O; TA-W-62,357P; TA-W-62,357Q; TA-W-62,357R; TA-W-62,357S; 
TA-W-62,357T; TA-W-62,357U; TA-W-62,357V; TA-W-62,357W; TA-W-62,357X; 
TA-W-62,357Y; TA-W-62,357Z; TA-W-62,357AA; TA-W-62,357BB; TA-W-
62,357CC]


Westpoint Home, Inc., Stores Division, Valley, Alabama; Westpoint 
Home, Inc., Stores Division, Albertville, Minnesota; Westpoint Home, 
Inc., Stores Division, Allen, Texas; Westpoint Home, Inc., Stores 
Division, Birch Run, Michigan; Westpoint Home, Inc., Stores Division, 
Birmingham, Alabama; Westpoint Home, Inc., Stores Division, Boaz, 
Alabama; Westpoint Home, Inc., Stores Division, Burlington, North 
Carolina; Westpoint Home, Inc., Stores Division, Cabazon, California; 
Westpoint Home, Inc., Stores Division, Clinton, Connecticut; Westpoint 
Home, Inc., Stores Division, Columbus, Georgia; Westpoint Home, Inc., 
Stores Division, Commerce, Georgia; Westpoint Home, Inc., Stores 
Division, Dalton, Georgia; Westpoint Home, Inc., Stores Division, 
Dawsonville, Georgia; Westpoint Home, Inc., Stores Division, Destin, 
Florida; Westpoint Home, Inc., Stores Division, Edinburgh, Indiana; 
Westpoint Home, Inc., Stores Division, Ellenton, Florida; Westpoint 
Home, Inc., Stores Division, Fairburn, Georgia; Westpoint Home, Inc., 
Stores Division, Foley, Alabama; Westpoint Home, Inc., Stores Division, 
Howell, Michigan; Westpoint Home, Inc., Stores Division, Lamarque, 
Texas; Westpoint Home, Inc., Stores Division, Lumberton, North 
Carolina; Westpoint Home, Inc., Stores Division, New Braunfels, Texas; 
Westpoint Home, Inc., Stores Division, Park City, Utah; Westpoint Home, 
Inc., Stores Division, Pigeon Forge, Tenessee; Westpoint Home, Inc., 
Stores Division, San Marcos, Texas; Westpoint Home, Inc., Stores 
Division, Sarasota, Florida; Westpoint Home, Inc., Stores Division, St. 
Augustine, Florida; Westpoint Home, Inc., Stores Division, Valdosta, 
Georgia; Westpoint Home, Inc., Stores Division, Williamsburg, Va; 
Westpoint Home, Inc., Stores Division, Wrentham, Massachusetts; Notice 
of Negative Determination Regarding Application for Reconsideration




    By application dated December 17, 2007, the company official 
requested administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on October 29, 2007 and 
published in the Federal Register on December 11, 2007 (72 FR 70346).
    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 negative TAA determination issued by the Department for workers 
of WestPoint Home, Inc., Stores Division, Valley, Alabama (TA-W-
62,357), WestPoint Home, Inc., Stores Division, Albertville, Minnesota 
(TA-W-62,357A), WestPoint Home, Inc., Stores Division, Allen, Texas 
(TA-W-62,357B), WestPoint Home, Inc., Stores Division, Birch Run, 
Michigan (TA-W-62,357C), WestPoint Home, Inc., Stores Division, 
Birmingham, Alabama (TA-W-62,357D), WestPoint Home, Inc., Stores 
Division, Boaz, Alabama (TA-W-62,357E), WestPoint Home, Inc., Stores 
Division, Burlington, North Carolina (TA-W-62,357F), WestPoint Home, 
Inc., Stores Division, Cabazon, California (TA-W-62,357G), WestPoint 
Home, Inc., Stores Division, Clinton, Connecticut (TA-W-62,357H), 
WestPoint Home, Inc., Stores Division, Columbus, Georgia (TA-W-
62,357I), WestPoint Home, Inc., Stores Division, Commerce, Georgia (TA-
W-62,357J), WestPoint Home, Inc., Stores Division, Dalton, Georgia (TA-
W-63,257K), WestPoint Home, Inc., Stores Division, Dawsonville, Georgia 
(TA-W-62,357L), WestPoint Home, Inc., Stores Division, Destin, Florida 
(TA-W-62,357M), WestPoint Home, Inc., Stores Division, Edinburgh, 
Indiana (TA-W-62,357N), WestPoint Home, Inc., Stores Division, 
Ellenton, Florida (TA-W-62,357O), WestPoint Home, Inc., Stores 
Division, Fairburn, Georgia (TA-W-62,357P), WestPoint Home, Inc., 
Stores Division, Foley, Alabama (TA-W-62,357Q), WestPoint Home, Inc., 
Stores Division, Howell, Michigan (TA-W-62,357R), WestPoint Home, Inc., 
Stores Division, LaMarque, Texas (TA-W-62,357S), WestPoint Home, Inc., 
Stores Division, Lumberton, North Carolina (TA-W-62,357T), WestPoint 
Home, Inc., Stores Division, New Braunfels, Texas (TA-W-62,357U), 
WestPoint Home, Inc., Stores Division, Park City, Utah (TA-62,357V), 
WestPoint Home, Inc., Stores Division, Pigeon Forge, Tennessee (TA-W-
62,357W), WestPoint Home, Inc., Stores Division, San Marcos, Texas (TA-
W-62,357X), WestPoint Home, Inc., Stores Division, Sarasota, Florida 
(TA-W-62,357Y), WestPoint Home, Inc., Stores Division, St. Augustine, 
Florida (TA-W-62,357Z), WestPoint Home, Inc., Stores Division, 
Valdosta, Georgia (TA-W-62,357AA), WestPoint Home, Inc., Stores 
Division, Williamsburg, Virginia (TA-W-62,357BB), and WestPoint Home, 
Inc., Stores Division, Wrentham, Massachusetts (TA-W-62,357CC) was 
based on the finding that the worker group does not produce an article 
within the meaning of Section 222 of the Trade Act of 1974.
    The petitioner states that the workers of the subject firm 
``assured the manufacturing facilities could continue operations with 
consistent running of shifts avoiding expenses involved with start up 
and shut down of the plants including costs incurred for 
unemployment''. The petitioner further states that the subject firm's 
primary business was selling WestPoint Home's home fashions bed and 
bath products manufactured in the United States. The petitioner alleges 
that because domestic manufacturing of fashion bed and bath products 
has been import impacted, workers of the subject firm who retail these 
products should be certified eligible for TAA.
    The investigation revealed that workers of WestPoint Home, Inc., 
Stores Division are engaged in activities at retail factory outlet 
stores that include stocking merchandise, customer service, sales 
transactions, managerial staff, human resources and distribution 
services. These functions, as described above, are not considered 
production of an article within the meaning of section 222 of the Trade 
Act.
    The petitioner also alleges that WestPoint Home began operations in 
Bahrain and Pakistan and that multiple production facilities of 
WestPoint Home have been certified eligible for TAA.
    The allegation of a shift to another country might be relevant if 
it was determined that workers of the subject firm produced an article. 
However, the investigation determined that workers of WestPoint Home, 
Inc., Stores Division do not produce an article within the meaning of 
section 222 of the Trade Act of 1974.

[[Page 1899]]

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 in Washington, DC, this 3rd day of January 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-261 Filed 1-9-08; 8:45 am]
BILLING CODE 4510-FN-P