Baby Bliss, Inc., Middleville, MI; Notice of Negative Determination Regarding Application for Reconsideration, 65216 [2011-27164]

Download as PDF 65216 Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Notices APPENDIX—Continued [26 TAA petitions instituted between 9/26/11 and 9/30/11] TA–W 80469 80470 80471 80472 80473 80474 80475 80476 80477 80478 80479 80480 80481 80482 80483 80484 80485 ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ Location CEVA Logistics—Project HCL (State/One-Stop) ................................... Precision Valve, SC—Plant 2 (State/One-Stop) .................................... Precision Valve, SC—Plant 1 (State/One-Stop) .................................... Tiger Drylac USA Inc. (Company) .......................................................... Reading Powder Coatings Inc. (Company) ............................................ Simonton Windows (State/One-Stop) .................................................... Fairlane Division VRTX, Inc. (Company) ............................................... Wells Fargo Bank N/A (Workers) ........................................................... Allstate Insurance Co. (State/One-Stop) ................................................ Skip’s Cutting, Inc. (Workers) ................................................................. Excelsior Services Group (Company) .................................................... Elsevier, Inc (Company) ......................................................................... Kyowa America Corporation (State/One-Stop) ...................................... Weather Shield Mfg Inc. (Workers) ........................................................ American Apparel (State/One-Stop) ....................................................... Cummins Filtration (Company) ............................................................... R. R. Donnelley—Bloomsburg (Union) .................................................. Houston, TX ................ 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[FR Doc. 2011–27166 Filed 10–19–11; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–80,350] sroberts on DSK5SPTVN1PROD with NOTICES Baby Bliss, Inc., Middleville, MI; Notice of Negative Determination Regarding Application for Reconsideration By application received September 26, 2011, a company official requested administrative reconsideration of the negative determination regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers and former workers Baby Bliss, Inc., Middleville, Michigan (Baby Bliss). The determination was issued on September 2, 2011. The Department’s Notice of determination was published in the Federal Register on September 19, 2011 (76 FR 58046). The workers of Baby Bliss were engaged in activities related to the production of children’s clothing. The petition (dated August 8, 2011) stated that ‘‘Pleasant Company has been a customer of ours since 1985. New owners (Mattel) took over that company and proceeded to all of the apparel and other production to a foreign country (China).’’ The negative determination was based on the Department’s findings that Baby Bliss did not employ a certifiable worker group during the period under investigation within the meaning of Section 222(a) or Section 222(b) of the Act. VerDate Mar<15>2010 Date of institution Subject firm (petitioners) 18:59 Oct 19, 2011 Jkt 226001 Criterion (1) has not been met because Baby Bliss did not employ a worker group during the relevant time period. A worker group means that the firm must have at least three full-time workers during the year preceding the TAA petition date. Baby Bliss did not meet this threshold level. Further, the criteria set forth in 29 CFR 90.16(e) was not met. In the request for reconsideration, the petitioner stated that he was ‘‘the only officer/employee who possessed the information to file this petition’’ and asserted that he did not file a petition earlier because he was out of the country from November 2004 through February 2008, then incarcerated from February 2008 through March 2011. Pursuant to 29 CFR 90.18(c), administrative 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. After careful review of the request for reconsideration, previously submitted materials, the applicable statute, and relevant regulation, the Department determines that there is no new information, mistake in fact, or misinterpretation of the facts or of the law. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 09/27/11 09/27/11 09/27/11 09/27/11 09/27/11 09/27/11 09/27/11 09/28/11 09/28/11 09/28/11 09/29/11 09/30/11 09/30/11 09/30/11 09/30/11 09/30/11 09/30/11 Date of petition 09/13/11 09/26/11 09/26/11 09/26/11 09/26/11 09/26/11 09/26/11 09/27/11 09/27/11 09/27/11 09/28/11 09/28/11 09/29/11 09/10/11 09/29/11 09/27/11 09/27/11 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 at Washington, DC, this 4th day of October, 2011. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2011–27164 Filed 10–19–11; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–80,219] Beacon Medical Services, LLC, Aurora, CO; Notice of Negative Determination Regarding Application for Reconsideration By application received July 25, 2011, a worker requested administrative reconsideration of the negative determination regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers and former workers of Beacon Medical Services, LLC, Aurora, Colorado (Beacon Medical Services). The negative determination was issued on June 22, 2011. The Department’s Notice of Determination was published in the Federal Register on July 8, 2011 (76 FR 40401). The workers of Beacon Medical Services are engaged in activities related E:\FR\FM\20OCN1.SGM 20OCN1

Agencies

[Federal Register Volume 76, Number 203 (Thursday, October 20, 2011)]
[Notices]
[Page 65216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27164]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-80,350]


Baby Bliss, Inc., Middleville, MI; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application received September 26, 2011, a company official 
requested administrative reconsideration of the negative determination 
regarding workers' eligibility to apply for Trade Adjustment Assistance 
(TAA) applicable to workers and former workers Baby Bliss, Inc., 
Middleville, Michigan (Baby Bliss). The determination was issued on 
September 2, 2011. The Department's Notice of determination was 
published in the Federal Register on September 19, 2011 (76 FR 58046). 
The workers of Baby Bliss were engaged in activities related to the 
production of children's clothing.
    The petition (dated August 8, 2011) stated that ``Pleasant Company 
has been a customer of ours since 1985. New owners (Mattel) took over 
that company and proceeded to all of the apparel and other production 
to a foreign country (China).''
    The negative determination was based on the Department's findings 
that Baby Bliss did not employ a certifiable worker group during the 
period under investigation within the meaning of Section 222(a) or 
Section 222(b) of the Act.
    Criterion (1) has not been met because Baby Bliss did not employ a 
worker group during the relevant time period. A worker group means that 
the firm must have at least three full-time workers during the year 
preceding the TAA petition date. Baby Bliss did not meet this threshold 
level. Further, the criteria set forth in 29 CFR 90.16(e) was not met.
    In the request for reconsideration, the petitioner stated that he 
was ``the only officer/employee who possessed the information to file 
this petition'' and asserted that he did not file a petition earlier 
because he was out of the country from November 2004 through February 
2008, then incarcerated from February 2008 through March 2011.
    Pursuant to 29 CFR 90.18(c), administrative 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.
    After careful review of the request for reconsideration, previously 
submitted materials, the applicable statute, and relevant regulation, 
the Department determines that there is no new information, mistake in 
fact, or misinterpretation of the facts or of the law.

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 at Washington, DC, this 4th day of October, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-27164 Filed 10-19-11; 8:45 am]
BILLING CODE 4510-FN-P

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