[Federal Register Volume 73, Number 217 (Friday, November 7, 2008)]
[Notices]
[Page 66275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26536]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,574]


Albany International Research Company, Mansfield, MA; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application postmarked September 30, 2008, a 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 August 18, 2008 and 
published in the Federal Register on September 3, 2008 (73 FR 51530).
    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 Albany International Research Company, Mansfield, Massachusetts was 
based on the finding that imports of prototype fabrics did not 
contribute importantly to worker separations at the subject plant and 
there was no shift of production to a foreign country during the 
relevant period. The ``contributed importantly'' test is generally 
demonstrated through a survey of the workers' firm's declining domestic 
customers. In this instance, the subject firm did not sell prototype 
fabrics to outside domestic customers, thus a survey was not conducted. 
The subject firm did not import prototype fabrics into the United 
States during the relevant period.
    In the request for reconsideration the petitioner states that 
employment at the subject facility will be negatively impacted by a 
shift in a portion of Research and Development work to England. 
According to the company official, the shift will be taking place on 
December 31, 2008.
    When assessing eligibility for TAA, the Department exclusively 
considers import impact during the relevant time period (one year prior 
to the date of the petition). Events occurring on December 31, 2008 are 
outside of the relevant time period as established by the petition date 
of June 19, 2008, and thus cannot be considered in this investigation.
    Should conditions change in the future, the company is encouraged 
to file a new petition on behalf of the worker group which will 
encompass an investigative period that will include these changing 
conditions.

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 22nd day of October 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-26536 Filed 11-6-08; 8:45 am]
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