[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Notices]
[Page 44683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18417]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-81,264]


Phillips-Van Heusen Corporation, IZOD Dress Furnishings Division, 
New York, NY; Notice of Negative Determination on Reconsideration

    On May 21, 2012, the Department of Labor issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Phillips-Van Heusen Corporation, IZOD Women's 
Wholesale Division, New York, New York. The Department's Notice of 
determination was published in the Federal Register on April 19, 2012 
(77 FR 23511).
    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 Trade Adjustment Assistance (TAA) investigation 
resulted in a negative determination based on the findings that with 
respect to Section 222(a)(2)(A)(ii) of the Act, imports of services 
like or directly competitive with the design, sourcing, and sales 
services supplied by Phillips-Van Heusen Corporation, IZOD Women's 
Wholesale Division, New York, New York has not increased.
    In the request for reconsideration, the worker on whose behalf the 
New York State Department of Labor filed the initial TAA petition 
claimed that the worker group in the original investigation (workers of 
Phillips-Van Heusen Corporation, IZOD Women's Wholesale Division, New 
York, New York) was incorrect, that the subject workers are part of the 
``Color Department'' of the ``Men's Dress Shirt Division'' at Phillips-
Van Heusen Corporation, New York, New York, and that the separated 
workers were affected by a shift in the supply of color approval 
services to China.
    Information obtained during the reconsideration investigation 
confirmed that Phillips-Van Heusen Corporation, Izod Dress Furnishings 
Division, New York, New York is the correct subject of the TAA 
investigation.
    The reconsideration investigation revealed that, with respect to 
Section 222(a) and Section 222(b) of the Act, Criterion (1) has not 
been met. The investigation revealed that a significant number or 
proportion of the workers in Phillips-Van Heusen Corporation, Izod 
Dress Furnishings Division, New York, New York, have not become totally 
or partially separated, nor are they threatened to become totally or 
partially separated.
    Significant number or proportion of the workers means at least 
three workers in a firm (or appropriate subdivision of the firm) with a 
work force of fewer than fifty workers or, in a firm (or appropriate 
subdivision of the firm) with a work force of fifty or more workers, at 
least five percent of the workers or fifty workers (whichever is less). 
29 CFR 90.2
    Therefore, after careful review of the request for reconsideration, 
the Department determines that 29 CFR 90.18(c) has not been met.

Conclusion

    After careful review, I determine that the requirements of Section 
222 of the Act, 19 U.S.C. 2272, have not been met and, therefore, deny 
the petition for group eligibility of Phillips-Van Heusen Corporation, 
Izod Dress Furnishings Division, New York, New York, to apply for 
adjustment assistance, in accordance with Section 223 of the Act, 19 
U.S.C. 2273.

    Signed in Washington, DC, on this 16th day of July 2012.
 Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-18417 Filed 7-27-12; 8:45 am]
BILLING CODE 4510-FN-P