[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Notices]
[Pages 39051-39052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16420]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-73,416]


Desoto Mills LLC, Fort Payne, AL; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated June 1, 2010, 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 determination was signed on April 28, 2010, and the 
Notice of determination was published in the Federal Register on May 
28, 2010 (75 FR 30072).
    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 determination applicable to workers and former workers 
at Desoto Mills, LLC, a Subsidiary of Fruit of the Loom, Fort Payne, 
Alabama, was based on the findings that there was neither an increase 
in imports nor a shift/acquisition by the workers' firm that 
contributed importantly to the worker group separations; the subject 
workers are not secondarily-affected workers; and the workers' firm was 
not identified in an affirmative finding of injury by the International 
Trade Commission.
    In the request for reconsideration, the petitioner stated that the 
steady decline in sales and production at the subject firm ``has caused 
the entire distribution and administrative support operation to be 
consolidated into existing Fruit of the Loom * * * locations outside 
the Desoto Mills Plant.'' The petitioner compares the situation at this 
location with similar shifts of production and subsequent downsizing of 
administrative and distribution staff that have resulted in TAA 
certifications (TA-W-63,167, TA-W-71,012, TA-W-72,253, and TA-W-
73,414).
    The initial investigation revealed that there was a shift of 
production of socks from the subject location in 2006 and 2007, and 
that, following the shift, distribution work at the Fort Payne, Alabama 
facility continued with the workers processing foreign-produced socks.
    Additional information provided by the applicant revealed that, 
since March 2007, the subject facility has not supported a domestic, 
affiliated production facility and no significant degree of the supply 
of distribution services has been shifted to a foreign country.
    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 39052]]

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 23rd day of June, 2010.
Del Min Amy Chen,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-16420 Filed 7-6-10; 8:45 am]
BILLING CODE 4510-FN-P