Conrad Imports, Inc., San Francisco, CA; Notice of Negative Determination Regarding Application for Reconsideration, 64736 [E9-29149]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 74, Number 234 (Tuesday, December 8, 2009)]
[Notices]
[Page 64736]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29149]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-70,387]


Conrad Imports, Inc., San Francisco, CA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated October 1, 2009, 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 September 4, 2009 and 
published in the Federal Register on November 5, 2009 (74 FR 57342).
    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 finishing and quality 
control services did not contribute importantly to worker separations 
at the subject firm and there was no shift to a foreign country in 
services supplied by the workers of the subject firm.
    In the request for reconsideration the petitioner alleged that 
workers of Conrad Imports, Inc. tailored the shades to the customer's 
specifications and performed other finishing services. The petitioner 
further alleged that Conrad Imports, Inc. opened a facility in Korea in 
2007 and that finishing work has been shifted from the subject facility 
to Korea.
    The Department contacted Conrad Imports, Inc. official to address 
the above allegations. The company official confirmed that Conrad 
Imports, Inc. has a subsidiary in Korea, which supplies window 
coverings to the subject firm. However, the company official also 
stated that quality control and finishing services were not shifted 
from California facility to Korea. The official confirmed what was 
revealed in the initial investigation. The investigation revealed that 
the reduction in business volume caused the subject firm's 
reorganization and that the layoffs at the subject facility was not 
related to imports of finishing quality control services and there was 
no shift in these services abroad.
    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 10th day of November 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-29149 Filed 12-7-09; 8:45 am]
BILLING CODE 4510-FN-P