Springs Global, US, Inc., Springs Direct Tunnel Road Store Division, Asheville, NC; Notice of Negative Determination Regarding Application for Reconsideration, 39044 [E8-15341]
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Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices
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Signed at Washington, DC, this 1st day of
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Lisa Harvey,
Grant Officer.
[FR Doc. E8–15398 Filed 7–7–08; 8:45 am]
BILLING CODE 4510–28–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[A–W–63,206]
Springs Global, US, Inc., Springs
Direct Tunnel Road Store Division,
Asheville, NC; Notice of Negative
Determination Regarding Application
for Reconsideration
By application dated June 5, 2008, 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
28, 2008 and published in the Federal
Register on May 15, 2008 (73 FR 28167).
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
PO 00000
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Fmt 4703
Sfmt 4703
(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
Springs Global, US, Inc., Springs Direct
Tunnel Road Store Division, Asheville,
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.
The petitioner states that the workers
of the subject firm ‘‘answered the
needs’’ in ‘‘providing means for the
buyer to return damaged goods,
overstocks, slow sellers and items they
wish to discontinue.’’ The petitioner
further states that the subject firm
‘‘provided a profitable avenue’’ and
supported sales and orders for the
production division and that the subject
firm is ‘‘specifically designed for direct
support of production.’’ The petitioner
alleges that because other facilities of
Springs Global have been certified
eligible for TAA, workers of the subject
firm who are engaged in retail should be
certified eligible for TAA.
The investigation revealed that
workers of Springs Global, US, Inc.,
Springs Direct Tunnel Road Store
Division, Asheville, North Carolina are
engaged in activities at retail outlet store
that sold close-out home furnishings
merchandise. These functions, as
described above, are not considered
production of an article within the
meaning of Section 222 of the Trade
Act.
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 24th day of
June 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–15341 Filed 7–3–08; 8:45 am]
BILLING CODE 4510–FN–P
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[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Page 39044]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15341]
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DEPARTMENT OF LABOR
Employment and Training Administration
[A-W-63,206]
Springs Global, US, Inc., Springs Direct Tunnel Road Store
Division, Asheville, NC; Notice of Negative Determination Regarding
Application for Reconsideration
By application dated June 5, 2008, 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 28, 2008 and
published in the Federal Register on May 15, 2008 (73 FR 28167).
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 Springs Global, US, Inc., Springs Direct Tunnel Road Store Division,
Asheville, 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.
The petitioner states that the workers of the subject firm
``answered the needs'' in ``providing means for the buyer to return
damaged goods, overstocks, slow sellers and items they wish to
discontinue.'' The petitioner further states that the subject firm
``provided a profitable avenue'' and supported sales and orders for the
production division and that the subject firm is ``specifically
designed for direct support of production.'' The petitioner alleges
that because other facilities of Springs Global have been certified
eligible for TAA, workers of the subject firm who are engaged in retail
should be certified eligible for TAA.
The investigation revealed that workers of Springs Global, US,
Inc., Springs Direct Tunnel Road Store Division, Asheville, North
Carolina are engaged in activities at retail outlet store that sold
close-out home furnishings merchandise. These functions, as described
above, are not considered production of an article within the meaning
of Section 222 of the Trade Act.
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 24th day of June 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-15341 Filed 7-3-08; 8:45 am]
BILLING CODE 4510-FN-P
