Vision Knits, Inc., Albemarle, NC; Notice of Negative Determination Regarding Application for Reconsideration, 46192 [E5-4295]
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46192
Federal Register / Vol. 70, No. 152 / Tuesday, August 9, 2005 / Notices
of the law justified reconsideration of
the decision.
The TAA petition filed on behalf of a
worker at UITS Support Center, a
division of NBC Universal, Universal
City, California, engaged in technical
support for the employees of the
Universal Studios and Universal Music
was denied because the petitioning
workers did not produce an article
within the meaning of section 222 of the
Act.
The petitioner contends that the
Department erred in its interpretation of
work performed at the subject facility as
a service and further conveys that
movies which are filmed and taped at
the Universal Studios lot should be
considered a product and workers
dealing with the technological aspects
such as soundstage locations, wardrobe
inventory and actors’ contracts should
be considered workers engaged in
production.
A company official was contacted for
clarification in regard to the nature of
the work performed at the subject
facility. The official stated that the role
of the petitioning group of workers at
the subject firm was that of information
technology help desk analyst. In
particular, workers of the subject firm
provided assistance pertaining to
computer problems over the telephone
to the workers at Universal Studios,
Universal City, California. The official
further clarified that workers of the
University Studios, University City,
California, do not manufacture articles,
and are engaged in activities related to
making movies and television shows.
The company official further stated
that the position of help desk analyst
was transferred from the subject facility
to India.
Technical support is not considered
production within the context of TAA
eligibility requirements, so there are no
imports of products nor was there a shift
in production of an ‘‘article’’ abroad
within the meaning of the Trade Act of
1974 in this instance.
Service workers can be certified only
if worker separations are caused by a
reduced demand for their services from
a parent or controlling firm or
subdivision whose workers produce an
article domestically who meet the
eligibility requirements, or if the group
of workers are leased workers who
perform their duties on-site at a facility
that meet the eligibility requirements.
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
VerDate jul<14>2003
15:52 Aug 08, 2005
Jkt 205001
reconsideration of the Department of
Labor’s prior decision. Accordingly, the
application is denied.
Signed in Washington, DC, this 15th day of
July, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–4293 Filed 8–8–05; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–57,253]
Vision Knits, Inc., Albemarle, NC;
Notice of Negative Determination
Regarding Application for
Reconsideration
By application of June 28, 2005, a
company official 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 June 16, 2005, and
published in the Federal Register on
July 14, 2005 (70 FR 40741).
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 petition for the workers of Vision
Knits, Inc., Albemarle, North Carolina
engaged in production of unfinished
knit fabric was denied because the
‘‘contributed importantly’’ group
eligibility requirement of section 222 of
the Trade Act of 1974, as amended, was
not met, nor was there a shift in
production from that firm to a foreign
country. The ‘‘contributed importantly’’
test is generally demonstrated through a
survey of the workers’ firm’s customers.
The survey revealed no imports of
unfinished knit fabric during the
relevant period. The subject firm did not
import unfinished knit fabric nor did it
shift production to a foreign country
during the relevant period.
The petitioner states that even though
the subject firm produces fabric, this
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fabric is further used in the production
of garments. The petitioner alleges that
because final customers purchase
garments from foreign countries, the
subject firm lost its business due to the
imports of finished garments.
The petitioner attached two letters
from customers to support the
allegations. The letters state that
increased imports of finished garments
resulted in customers’ loss of business.
The petitioner concludes that,
because the production of garments
occurs abroad, the subject firm workers
producing fabric are import impacted.
In order to establish import impact,
the Department must consider imports
that are like or directly competitive with
those produced at the subject firm.
Imports of garments cannot be
considered like or directly competitive
with unfinished fabric produced by
Vision Knits, Inc.
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, day 28th of
July, 2005.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–4295 Filed 8–8–05; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–57,327]
Westpoint Stevens, Bed Products
Division, Lanett, AL; Notice of
Termination of Investigation
Pursuant to section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on June 8,
2005, in response to a petition filed by
a company official on behalf of workers
at WestPoint Stevens, Bed Products
Division, Lanett, Alabama.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
E:\FR\FM\09AUN1.SGM
09AUN1
]]>Agencies
[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Notices]
[Page 46192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4295]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-57,253]
Vision Knits, Inc., Albemarle, NC; Notice of Negative
Determination Regarding Application for Reconsideration
By application of June 28, 2005, a company official 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 June 16, 2005, and
published in the Federal Register on July 14, 2005 (70 FR 40741).
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 petition for the workers of Vision Knits, Inc., Albemarle,
North Carolina engaged in production of unfinished knit fabric was
denied because the ``contributed importantly'' group eligibility
requirement of section 222 of the Trade Act of 1974, as amended, was
not met, nor was there a shift in production from that firm to a
foreign country. The ``contributed importantly'' test is generally
demonstrated through a survey of the workers' firm's customers. The
survey revealed no imports of unfinished knit fabric during the
relevant period. The subject firm did not import unfinished knit fabric
nor did it shift production to a foreign country during the relevant
period.
The petitioner states that even though the subject firm produces
fabric, this fabric is further used in the production of garments. The
petitioner alleges that because final customers purchase garments from
foreign countries, the subject firm lost its business due to the
imports of finished garments.
The petitioner attached two letters from customers to support the
allegations. The letters state that increased imports of finished
garments resulted in customers' loss of business.
The petitioner concludes that, because the production of garments
occurs abroad, the subject firm workers producing fabric are import
impacted.
In order to establish import impact, the Department must consider
imports that are like or directly competitive with those produced at
the subject firm. Imports of garments cannot be considered like or
directly competitive with unfinished fabric produced by Vision Knits,
Inc.
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, day 28th of July, 2005.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-4295 Filed 8-8-05; 8:45 am]
BILLING CODE 4510-30-P
