[Federal Register Volume 73, Number 100 (Thursday, May 22, 2008)]
[Notices]
[Pages 29783-29784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11372]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,075]


Russound Also Known as Folded Metal Products, Inc., Newmarket, 
NH; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application received May 7, 2008, a petitioner 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 April 11, 2008 and 
published in the Federal Register on April 23, 2008 (73 FR 21992).
    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 negative TAA determination issued by the Department for workers 
of Russound, also known as Folded Metal Products, Inc., Newmarket, New 
Hampshire 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 infers that employment at the subject firm was 
negatively impacted by the outsourcing of production by other companies 
to foreign sources. Following this shift of production abroad, jobs 
performed by workers of the subject firm (electronic, mechanical and 
industrial designers and engineers, supply chain managers, safety/
compliance engineers) were also shifted or outsourced abroad. The 
petitioner also states that regardless of whether the workers of the 
subject firm produce a product or provide services, they should be 
certified eligible for Trade Adjustment Assistance.
    The investigation revealed that the workers of Russound, also known 
as Folded Metal Products, Inc., Newmarket, New Hampshire are engaged in 
functions related to the design and distribution of audio-video systems 
and connectivity products. These functions, as described above, are not 
considered production of an article within the meaning of Section 222 
of the Trade Act of 1974.
    The allegation of a shift to another country might be relevant if 
it was determined that workers of the subject firm produced an article. 
Since the investigation determined that workers of Russound, also known 
as Folded Metal Products, Inc., Newmarket, New Hampshire do not produce 
an article, there cannot be imports nor a shift in production of an 
``article'' abroad within the meaning of the Trade Act of 1974 in this 
instance.
    The petitioner did not supply facts not previously considered; nor 
provide additional documentation indicating that there was either (1) a 
mistake in the determination of facts not previously considered or (2) 
a misinterpretation of facts or of the law justifying reconsideration 
of the initial determination.
    After careful review of the request for reconsideration, the 
Department determines that 29 CFR 90.18(c) has not been met.

[[Page 29784]]

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 15th day of May 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-11372 Filed 5-21-08; 8:45 am]
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