[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Notices]
[Page 46040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18169]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,420A]


Bernhardt Furniture Company, Bernhardt Central Warehouse, Lenoir, 
NC; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated July 17, 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 June 13, 2008 and 
published in the Federal Register on June 27, 2008 (73 FR 36576).
    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 Bernhardt Furniture Company, Bernhardt Central Warehouse, Lenoir, 
North Carolina was based on the finding that the subject firm 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.
    The petitioner states that the workers of the subject firm 
warehouse and sell products exclusively manufactured by Bernhardt in 
China. The petitioner further states that the exported products from 
China have poor quality and require longer delivery periods. As a 
result, customers of the subject firm choose to purchase furniture 
manufactured in the United States, thus negatively impacting business 
at the subject firm. The petitioner seems to allege that because 
Chinese products are less competitive than American-made, workers of 
the subject firm, who distribute foreign-made products should be 
eligible for TAA.
    To establish workers' eligibility for TAA, the Department 
determines whether increased imports of foreign manufactured products 
negatively impact domestic production of those products. In this case, 
however, the workers state that imports of upholstered furniture from 
China do not have an impact on domestic production of upholstered 
furniture. Moreover, the petitioner states that domestic customers 
actually prefer buying domestic products. Therefore, based on worker 
allegations, foreign imports cannot negatively impact domestic 
production of upholstered furniture.
    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.

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 1st day of August 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-18169 Filed 8-6-08; 8:45 am]
BILLING CODE 4510-FN-P