[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Notices]
[Page 36829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15190]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-85,075]


Duro Textiles, LLC, Finishing and Print Plants, A Wholly Owned 
Subsidary of Patriarch Partners, LLC, Including On-Site Leased Workers 
From LT Staffing and Able Associates, Fall River, Massachusetts; Notice 
of Negative Determination Regarding Application for Reconsideration

    By application dated May 5, 2014, a company official requested 
administrative reconsideration of the Department of Labor's negative 
determination regarding eligibility to apply for worker adjustment 
assistance, applicable to workers and former workers of Duro Textiles, 
LLC, Finishing & Print Plants, a wholly owned subsidiary of Patriarch 
Partners, LLC, including on-site leased workers from LT Staffing and 
Able Associates, Fall River, Massachusetts (subject firm). The negative 
determination was signed on April 8, 2014, and the Department's Notice 
of determination was published in the Federal Register on April 29, 
2014 (79 FR 24018).
    Workers of the subject firm are engaged in activities related to 
the production of fabrics.
    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 mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The negative determination of the Trade Adjustment Assistance (TAA) 
petition was based on the Department's finding of no increased company 
or customer imports of like or directly competitive articles during the 
relevant period and no shift of production to a foreign country by the 
subject firm. During the investigation, the Department conducted a 
survey of the subject firm and its major declining customers of import 
activity, and had conducted a survey on a major lost bid on a contract. 
In addition, the Department determined that a secondary worker 
certification could not be issued because the criteria set forth in 
Section 222(b) of the Trade Act of 1974, as amended (the Act), was not 
met.
    The request for reconsideration asserts that Section 222(a)(1) and 
Section 222(a)(2)(A)(1) of the Act have been met, and, therefore, the 
workers are eligible to apply for TAA.
    The negative determination was not based on the Department's 
finding that the employment and sales/production decline criteria was 
not met; rather, the subject firm did not shift fabric production to a 
foreign country, imports of articles like or directly competitive with 
the fabric produced by the workers did not increase during the relevant 
period, and the subject firm is neither a Supplier or Producer under 
Section 222(c) of the Act.
    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. Based on these findings, the Department 
determines that 29 CFR 90.18(c) has not been met.

Conclusion

    After careful 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 13th day of June, 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-15190 Filed 6-27-14; 8:45 am]
BILLING CODE 4510-FN-P