[Federal Register Volume 63, Number 80 (Monday, April 27, 1998)]
[Notices]
[Page 20655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11037]


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

DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-34,229]


Kleinerts Inc. of Alabama, Greenville, AL; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application postmarked March 27, 1998, the petitioners requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers of the subject firm to 
apply for worker adjustment assistance. The denial notice was signed on 
March 19, 1998 and was published in the Federal Register on April 4, 
1998 (63 FR 16574).
    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 petitioner's request for reconsideration asserts that the 
workers at Kleinerts's Greenville, Alabama plant sewed T-shirts and 
sweat-shirts. The petitioner's request for reconsideration acknowledges 
that the contract for the production of T-shirts was awarded to another 
domestic manufacturer, but asserts that the production of sweat-shirts 
was shifted to Honduras. The petitioners state that Kleinert's machines 
and equipment have been shipped to Honduras. The petitioners attribute 
job losses and the plant closure to these facts.
    The petition investigation for workers of the subject firm showed 
that the primary output at the Greenville plant was T-shirts. The 
Department's denial of TAA for workers of the subject firm was based on 
the fact that the ``contributed importantly'' test of the group 
Eligibility requirements of Section 222 of the Trade Act of 1974, as 
amended, was not met. The ``contributed importantly'' test is generally 
demonstrated through a survey of the subject firm's customers. The 
Department of Labor surveyed the major customer of the subject firm 
regarding their purchases of imported T-shirts. The respondent reported 
no import purchases of T-shirts in 1996 or 1997.
    In response to the petitioners allegation regarding the shift of 
machines and equipment from Alabama to Honduras, the sale or shift of 
such items to a foreign country does not form the basis for a worker 
group certification.

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 at Washington, D.C. this 15th day of April 1998.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 98-11037 Filed 4-24-98; 8:45 am]
BILLING CODE 4510-30-M