[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Page 39044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15341]


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DEPARTMENT OF LABOR

Employment and Training Administration

[A-W-63,206]


Springs Global, US, Inc., Springs Direct Tunnel Road Store 
Division, Asheville, NC; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application dated June 5, 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 28, 2008 and 
published in the Federal Register on May 15, 2008 (73 FR 28167).
    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 Springs Global, US, Inc., Springs Direct Tunnel Road Store Division, 
Asheville, North Carolina 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 
``answered the needs'' in ``providing means for the buyer to return 
damaged goods, overstocks, slow sellers and items they wish to 
discontinue.'' The petitioner further states that the subject firm 
``provided a profitable avenue'' and supported sales and orders for the 
production division and that the subject firm is ``specifically 
designed for direct support of production.'' The petitioner alleges 
that because other facilities of Springs Global have been certified 
eligible for TAA, workers of the subject firm who are engaged in retail 
should be certified eligible for TAA.
    The investigation revealed that workers of Springs Global, US, 
Inc., Springs Direct Tunnel Road Store Division, Asheville, North 
Carolina are engaged in activities at retail outlet store that sold 
close-out home furnishings merchandise. These functions, as described 
above, are not considered production of an article within the meaning 
of Section 222 of the Trade Act.

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 24th day of June 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-15341 Filed 7-3-08; 8:45 am]
BILLING CODE 4510-FN-P