[Federal Register Volume 73, Number 241 (Monday, December 15, 2008)]
[Notices]
[Pages 76061-76062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29614]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,023]


CBC Latrobe Acquisition, LLC, a Subsidiary of City Brewery 
Company, LLC, Latrobe, PA; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application dated November 19, 2008, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA), 
applicable to workers and former workers of the subject firm. The 
denial notice was signed on October 21, 2008 and published in the 
Federal Register on November 10, 2008 (73 FR 66677).
    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 initial investigation resulted in a negative determination was 
based on the finding that imports of beer did not contribute 
importantly to worker separations at the subject facility and there was 
no shift of production to a foreign country. The subject firm did not 
import beer during the relevant period. The ``contributed importantly'' 
test is generally demonstrated through a survey of the workers' firm's 
declining domestic customers. A survey conducted by the Department of 
Labor revealed that a major customer did not purchase imported beer in 
2006, 2007 and during January through August 2008.
    The petitioner provided a citation from the 2007 shareholder report 
that ``competitiveness with foreign product on the shelves of 
distributors has increased'' and stated that the workers of the subject 
firm should be eligible for TAA because domestic production has been 
``disrupted'' by foreign products.
    The investigation revealed no imports of beer during the relevant 
period and

[[Page 76062]]

no shift of production to a foreign source. Upon further review of the 
initial investigation, it was revealed that sales and production at the 
subject facility have increased in the relevant period. The subject 
firm was anticipating a temporary shutdown at the end of 2008 due to 
problems with equipment. Therefore, the initial determination document 
should have also stated that criteria (a)(2)(A)(I.B) and 
(a)(2)(B)(II.B) have not been met. Sales and production of the subject 
firm increased and there was no shift in production to a foreign 
country in the relevant period.
    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 5th day of December 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-29614 Filed 12-12-08; 8:45 am]
BILLING CODE 4510-FN-P