Samuel Aaron, Inc., Long Island City, NY; Notice of Negative Determination Regarding Application for Reconsideration, 7044-7045 [2010-3013]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 75, Number 30 (Tuesday, February 16, 2010)]
[Notices]
[Pages 7044-7045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3013]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-70,541]


Samuel Aaron, Inc., Long Island City, NY; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated January 12, 2010, 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 December 7, 2009 and the 
Notice of Determination was published in the Federal Register on 
January 25, 2010 (75 FR 3932).
    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 TAA petition filed on behalf of workers at Samuel Aaron, Inc., 
Long Island City, New York was based on the finding that imports of 
services like or directly competitive with services provided by workers 
of the subject firm did not contribute to worker separations at the 
subject firm during the relevant period and no shift in services to a 
foreign source occurred. The subject firm did not import nor acquire 
services from a foreign country and did not shift the provision of 
these services to a foreign country during the relevant period.
    The petitioner stated in the request for reconsideration that a 
shift in labor overseas was the reason behind worker separations at the 
subject facility.
    The investigation revealed that workers of the subject firm were 
engaged in distribution and warehousing services of jewelry during the 
relevant period. Samuel Aaron, Inc., did not import these services, nor 
shift/acquired provision of these services to/from a foreign country 
during the relevant period. Therefore, criteria II.A. and II.B. of 
Section 222(a) of the Act were not met.
    Furthermore, with the respect to Section 222(c) of the Act, the 
investigation revealed that criterion 2 was not met because the workers 
did not supply a service that was used by a firm with TAA-certified 
workers in the production of an article or supply of a service that was 
a basis for TAA certification.
    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.


[[Page 7045]]


    Signed in Washington, DC, this 28th day of January 2010.
Del Min Amy Chen,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-3013 Filed 2-12-10; 8:45 am]
BILLING CODE 4510-FN-P