[Federal Register: May 30, 2007 (Volume 72, Number 103)]
[Notices]               
[Page 30028-30029]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my07-112]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,298]

 
American Manufacturing International, Inc.; Patterson, NJ; Notice 
of Negative Determination Regarding Application for Reconsideration

    By application dated May 11, 2007 a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA). The 
denial notice applicable to workers of American Manufacturing 
International, Inc., Patterson, New Jersey was signed on May 1, 2007 
and

[[Page 30029]]

published in the Federal Register on May 17, 2007 (72 FR 27855).
    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 TAA petition filed on behalf of workers at American 
Manufacturing International Inc., Patterson, New Jersey engaged in the 
retailing of chemicals was denied because the petitioning workers did 
not produce an article within the meaning of Section 222 of the Act.
    The petitioner contends that the Department erred in its 
interpretation of work performed at the subject facility as providing a 
service and further conveys that workers of the subject firm mix 
various chemicals using recipes and then sell them to textile plants.
    A company official was contacted for clarification in regard to the 
nature of the work performed at the subject facility. The official 
stated that the subject firm has outsourced production of chemicals to 
another independent company since 2004. The official clarified that 
workers of the subject firm did not mix or react chemicals in 2006 and 
January through April of 2007.
    Moreover, a review of the record established that only one worker 
was separated from American Manufacturing International, Inc., 
Patterson, New Jersey during the relevant time period.
    When assessing eligibility for TAA, the Department makes its 
determinations based on the requirements as outlined in Section 222 of 
the Trade Act. The investigation revealed that American Manufacturing 
International, Inc., Patterson, New Jersey did not separate or threaten 
to separate a significant number or proportion of workers as required 
by Section 222 of the Trade Act of 1974. Significant number or 
proportion of the workers in a firm or appropriate subdivision thereof, 
means that at least three workers with a workforce of fewer than 50 
workers, five percent of the workers with a workforce over 50 workers, 
or fifty workers.
    Also, since the total number of separated workers was one during 
the relevant period, workers of American Manufacturing International, 
Inc., Patterson, New Jersey do not meet the group eligibility 
requirements for trade adjustment assistance, since

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 23rd day of May, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-10310 Filed 5-29-07; 8:45 am]

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