Justia Regulation Tracker

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[Federal Register: December 1, 2008 (Volume 73, Number 231)]
[Notices]               
[Page 72851]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de08-116]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,854]

 
Cassens Transport, Inc., Fenton, MO; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application received on October 29, 2008, the 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 September 16, 2008 and 
published in the Federal Register on October 3, 2008 (73 FR 57682).
    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 TAA determination issued by the Department for workers 
of Cassens Transport, Inc., Fenton, Missouri 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.
    The petitioners contend that the Department erred in its 
interpretation of work performed at the subject facility and convey 
that even though the subject firm provided services to the customer, 
this customer relies on the subject firm for ``shipping/relocating 
newly assembled vehicles'' and ``maintaining correct shipping 
destinations.''
    The petitioners alleged that because the subject firm provided 
services to a customer who produces automobiles and which might be 
import impacted; workers of the subject firm should be eligible for 
Trade Adjustment Assistance.
    The nature of the work involved is not an issue in ascertaining 
whether the petitioning workers are eligible for trade adjustment 
assistance, but whether they produced an article within the meaning of 
section 222 of the Trade Act of 1974. The fact that workers of the 
subject firm performed services for customers, which produces articles, 
does not imply production of an article within the meaning of Section 
222.
    The investigation revealed that the workers of Cassens Transport, 
Inc., Fenton, Missouri performed motor vehicle transportation for an 
unaffiliated firm and did not support production at any affiliated 
facility. These functions, as described above, are not considered 
production of an article within the meaning of Section 222 of the Trade 
Act of 1974.
    The petitioners also reference case TA-W-61,059 and state that 
because workers in that case were certified eligible for TAA, workers 
of the subject firm should be certified eligible for TAA. The review of 
the above mentioned case revealed that workers of CPC Local Cartage 
were employed on-site of the certified production facility. In this 
case, however, workers of Cassens Transport, Inc., Fenton, Missouri are 
not employed on-site of a certified production facility.
    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 19th day of November 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-28359 Filed 11-28-08; 8:45 am]

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