Tracy Evans Ltd, New York, NY; Notice of Negative Determination Regarding Application for Reconsideration, 14586-14587 [E9-7101]

Download as PDF 14586 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices APPENDIX—TAA PETITIONS INSTITUTED BETWEEN 3/2/09 AND 3/6/09—Continued TA–W 65467 65468 65469 65470 65471 65472 65473 65474 65475 65476 65477 65478 65479 65480 65481 65482 65483 65484 65485 65486 65487 65488 65489 65490 65491 65492 65493 65494 65495 65496 65497 65498 65499 65500 65501 65502 65503 65504 65505 65506 65507 65508 65509 65510 65511 65512 65513 ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. ................. 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E9–7097 Filed 3–30–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,796] tjames on PRODPC61 with NOTICES Tracy Evans Ltd, New York, NY; Notice of Negative Determination Regarding Application for Reconsideration By application dated March 9, 2009, petitioners requested administrative reconsideration of the Department’s negative determination regarding eligibility to apply for Trade Adjustment VerDate Nov<24>2008 Date of institution Subject firm (petitioners) 14:35 Mar 30, 2009 Jkt 217001 Assistance (TAA), applicable to workers and former workers of the subject firm. The denial notice was signed on January 27, 2009 and published in the Federal Register on February 23, 2009 (74 FR 8116). 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 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/04/09 03/05/09 03/05/09 03/05/09 03/05/09 03/05/09 03/05/09 03/05/09 03/05/09 03/05/09 03/05/09 03/06/09 03/06/09 03/06/09 03/06/09 03/06/09 03/06/09 03/06/09 03/06/09 03/06/09 03/06/09 03/06/09 03/06/09 Date of petition 03/02/09 03/03/09 02/05/09 03/03/09 02/27/09 02/26/09 02/25/09 03/04/09 02/04/09 03/03/09 02/19/09 03/03/09 03/04/09 03/03/09 03/02/09 02/27/09 03/03/09 02/26/09 03/03/09 03/04/09 03/02/09 02/18/09 02/17/09 02/19/09 02/27/09 02/13/09 02/11/09 03/04/09 03/04/09 03/05/09 03/04/09 02/23/09 03/03/09 03/04/09 02/20/09 03/02/09 03/02/09 03/01/09 03/04/09 01/29/09 03/04/09 03/05/09 03/05/09 03/05/09 03/05/09 03/05/09 02/27/09 the law justified reconsideration of the decision. The initial investigation resulted in a negative determination which was based on the finding that imports of designs and patterns for women’s garments did not contribute importantly to worker separations at the subject plant and there was no shift of production to a country that is a party to a free trade agreement with the United States or a beneficiary country. The ‘‘contributed importantly’’ test is generally demonstrated through a survey of the workers’ firm’s declining domestic customers. In this instance, the subject firm did not sell designs and patterns for women’s garments to outside domestic customers, thus a E:\FR\FM\31MRN1.SGM 31MRN1 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices 14587 survey was not conducted. The subject firm did not import designs and patterns for women’s garments into the United States during the relevant period. In the request for reconsideration the petitioner alleged that Tracy Evans transferred its U.S. operations to a foreign country. Furthermore, the petitioner referred to an article reporting a ‘‘problematic industrial trend of garment jobs being outsourced to foreign countries within the garment district in New York City.’’ When assessing eligibility for TAA, the Department exclusively considers production of articles like or directly competitive with the ones manufactured at the subject firm during the relevant period (one year prior to the date of the petition). The issue of a shift in production by the subject firm to a foreign country was addressed during the initial investigation. It was revealed that the subject firm did not shift production of designs and patterns for women’s garments during the relevant period. 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. DEPARTMENT OF LABOR DEPARTMENT OF LABOR Employment and Training Administration Employment and Training Administration [TA–W–64,792] [TA–W–65,386] Aetrium Corporation, Corporate Division, North St. Paul, MN; Notice of Termination of Investigation ANP Dimensional Lumber; Ogema, WI; Notice of Termination of Investigation Conclusion Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 23, 2009 in response to a petition filed by a company official on behalf of workers of Air Products and Chemicals Inc., Electronics division, Easton, Pennsylvania. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. 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 13th day of March, 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–7101 Filed 3–30–09; 8:45 am] tjames on PRODPC61 with NOTICES BILLING CODE 4510–FN–P Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on December 31, 2008 in response to a petition filed by a State agency representative on behalf of workers of Aetrium Corporation, Corporate Division, North St. Paul, Minnesota. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 17th day of March 2009. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–7124 Filed 3–30–09; 8:45 am] Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 25, 2009 in response to a worker petition filed on behalf of workers at ANP Dimensional Lumber, Ogema, Wisconsin. The petitioners have requested that petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 18th day of March 2009. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–7146 Filed 3–30–09; 8:45 am] BILLING CODE 4510–FN–P BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,774] [TA–W–65,343] Air Products and Chemicals Inc., Electronics Division, Easton, PA; Notice of Termination of Investigation Signed at Washington, DC, this 16th day of March 2009. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–7109 Filed 3–30–09; 8:45 am] BILLING CODE 4510–FN–P Anthology, Inc., A Division of R. R. Donnelley & Sons Company, Pre-Media Technologies Division; Arlington Heights, IL; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on December 23, 2008 in response to a petition filed on behalf of the workers at Anthology, Inc., a Division of R. R. Donnelley & Sons Company, Pre-Media Technologies Division, Arlington Heights, Illinois. The petitioners have requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 17th day of March 2009. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–7123 Filed 3–30–09; 8:45 am] BILLING CODE 4510–FN–P VerDate Nov<24>2008 14:35 Mar 30, 2009 Jkt 217001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1

Agencies

[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Notices]
[Pages 14586-14587]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7101]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,796]


Tracy Evans Ltd, New York, NY; Notice of Negative Determination 
Regarding Application for Reconsideration

    By application dated March 9, 2009, 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 January 27, 2009 and 
published in the Federal Register on February 23, 2009 (74 FR 8116).
    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 designs and patterns for 
women's garments did not contribute importantly to worker separations 
at the subject plant and there was no shift of production to a country 
that is a party to a free trade agreement with the United States or a 
beneficiary country. The ``contributed importantly'' test is generally 
demonstrated through a survey of the workers' firm's declining domestic 
customers. In this instance, the subject firm did not sell designs and 
patterns for women's garments to outside domestic customers, thus a

[[Page 14587]]

survey was not conducted. The subject firm did not import designs and 
patterns for women's garments into the United States during the 
relevant period.
    In the request for reconsideration the petitioner alleged that 
Tracy Evans transferred its U.S. operations to a foreign country. 
Furthermore, the petitioner referred to an article reporting a 
``problematic industrial trend of garment jobs being outsourced to 
foreign countries within the garment district in New York City.''
    When assessing eligibility for TAA, the Department exclusively 
considers production of articles like or directly competitive with the 
ones manufactured at the subject firm during the relevant period (one 
year prior to the date of the petition). The issue of a shift in 
production by the subject firm to a foreign country was addressed 
during the initial investigation. It was revealed that the subject firm 
did not shift production of designs and patterns for women's garments 
during the relevant period.
    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 13th day of March, 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E9-7101 Filed 3-30-09; 8:45 am]
BILLING CODE 4510-FN-P