[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Notices]
[Pages 14586-14587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7101]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,796]


Tracy Evans Ltd, New York, NY; Notice of Negative Determination 
Regarding Application for Reconsideration

    By application dated March 9, 2009, petitioners 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 denial notice was signed on January 27, 2009 and 
published in the Federal Register on February 23, 2009 (74 FR 8116).
    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 
which was based on the finding that imports of designs and patterns for 
women's garments did not contribute importantly to worker separations 
at the subject plant and there was no shift of production to a country 
that is a party to a free trade agreement with the United States or a 
beneficiary country. The ``contributed importantly'' test is generally 
demonstrated through a survey of the workers' firm's declining domestic 
customers. In this instance, the subject firm did not sell designs and 
patterns for women's garments to outside domestic customers, thus a

[[Page 14587]]

survey was not conducted. The subject firm did not import designs and 
patterns for women's garments into the United States during the 
relevant period.
    In the request for reconsideration the petitioner alleged that 
Tracy Evans transferred its U.S. operations to a foreign country. 
Furthermore, the petitioner referred to an article reporting a 
``problematic industrial trend of garment jobs being outsourced to 
foreign countries within the garment district in New York City.''
    When assessing eligibility for TAA, the Department exclusively 
considers production of articles like or directly competitive with the 
ones manufactured at the subject firm during the relevant period (one 
year prior to the date of the petition). The issue of a shift in 
production by the subject firm to a foreign country was addressed 
during the initial investigation. It was revealed that the subject firm 
did not shift production of designs and patterns for women's garments 
during 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 13th day of March, 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E9-7101 Filed 3-30-09; 8:45 am]
BILLING CODE 4510-FN-P