[Federal Register Volume 73, Number 10 (Tuesday, January 15, 2008)]
[Notices]
[Pages 2543-2544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-593]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,449]


Newburgh Hardwood Co., Inc.

Newburgh, IN; Notice of Negative Determination Regarding Application 
for Reconsideration

    By application dated December 2, 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 November 16, 2007 and published in the 
Federal Register on December 10, 2007 (72 FR 69711).
    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 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The TAA petition, which was filed on behalf of workers at Newburgh 
Hardwood Co., Inc., Newburgh, Indiana engaged in the hardwood veneer 
consulting services, was denied based on the findings that the firm did 
not employ a worker group during the one year prior to the petition 
filing date, as required by Section 222 of the Trade Act of 1974. A 
worker group means three or more workers in a firm or appropriate 
subdivision. The subject firm did not meet this threshold level. The 
investigation also revealed that the subject firm does not produce an 
article within the meaning of Section 222(a)(2) of the Act.
    In the request for reconsideration the petitioner indicates a 
number of reasons as to why he should be eligible for TAA.
    When assessing eligibility for TAA, the Department makes its 
determinations based on the requirements as outlined in Section 222 of 
the Trade Act. In particular, the Department defines an eligible worker 
``group'' as ``three or more workers in a firm or an appropriate 
subdivision thereof.'' As subject firm's total worker number was one in 
the relevant period, the worker does not meet the group eligibility 
requirements for trade adjustment assistance.

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.


[[Page 2544]]


    Signed at Washington, DC, this 7th day of January, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-593 Filed 1-14-08; 8:45 am]
BILLING CODE 4510-FN-P