[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Page 30113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14766]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,139]


Weather Shield Manufacturing, Inc., Custom Products Division, 
Medford, WI; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application postmarked May 15, 2009, a petitioner 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 April 30, 2009 and 
published in the Federal Register on May 18, 2009 (74 FR 23214).
    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 windows and doors did 
not contribute importantly to worker separations at the subject plant 
and there was no shift of production to a foreign country in the 
relevant period. The ``contributed importantly'' test is generally 
demonstrated through a survey of the workers' firm's declining domestic 
customers. The Department conducted a survey of the subject firm's 
major declining customers regarding their purchases of windows and 
doors in 2007, 2008 and January through February 2009. The survey 
revealed no imports during the relevant period. The subject firm did 
not import windows and doors into the United States during the relevant 
period.
    In the request for reconsideration, the petitioner stated that in 
order to reveal the import impact, the Department should change the 
relevant period and include events occurring in 2006.
    When assessing eligibility for TAA, the Department exclusively 
considers import impact during the relevant time period (one year prior 
to the date of the petition). Therefore, events occurring in 2006 are 
outside of this period and are not relevant in this investigation.
    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 12th day of June, 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-14766 Filed 6-23-09; 8:45 am]
BILLING CODE 4510-FN-P