[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Page 4467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1495]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,338]


Pine Island Sportswear, Ltd, Monroe, NC; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated January 7, 2009, a company official requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA) and 
Alternative Trade Adjustment Assistance (ATAA). The denial notice was 
signed on December 2, 2008 and published in the Federal Register on 
December 18, 2008 (73 FR 77068).
    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 TAA petition filed on behalf of workers at Pine Island 
Sportswear, Ltd., Monroe, North Carolina was based on the finding that 
the worker group does not produce an article within the meaning of 
Section 222 of the Trade Act of 1974.
    In the request for reconsideration, the petitioner stated that 
workers of the subject firm were previously certified eligible for 
Trade Adjustment Assistance. The petitioner further stated that even 
though production did not occur at the subject facility in the relevant 
period, workers of the subject firm ``should not be denied the same 
rights as a production employee.'' The petitioner appears to allege 
that because the subject firm once manufactured articles and was 
previously certified eligible for TAA, the workers of the subject firm 
should be granted another TAA certification.
    The workers of Pine Island Sportswear, Ltd., Monroe, North Carolina 
were previously certified eligible for TAA under petition numbers TA-W-
58,714, which expired on January 31, 2008. The investigation revealed 
that production at the subject firm ceased in February 2006.
    When assessing eligibility for TAA, the Department exclusively 
considers production during the relevant time period (from one year 
prior to the date of the petition). Therefore, events occurring in 2006 
are outside of the relevant period and are not considered in this 
investigation.
    The investigation revealed that workers of the subject firm were 
engaged in work related to administrative and distribution during the 
relevant period. These functions, as described above, are not 
considered to be production of an article within the meaning of Section 
222 of the Trade 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.
    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 at Washington, DC, this 14th day of January 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-1495 Filed 1-23-09; 8:45 am]
BILLING CODE 4510-FN-P