[Federal Register: November 20, 2001 (Volume 66, Number 224)]
[Notices]               
[Page 58173-58174]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no01-93]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-38,350]

 
Hill Knitting Mills, Richmond Hill, New York; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated June 13, 2001, the company 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 May 8, 2001, and 
published in the Federal Register on May 23, 2001 (66 FR 28553).
    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.

[[Page 58174]]

    The petition for the workers of Hill Knitting Mills, Richmond, New 
York was denied because the ``contributed importantly'' group 
eligibility requirement of section 222(3) of the Trade Act of 1974, as 
amended, was not met. The ``contributed importantly'' test is generally 
demonstrated through a survey of customers of the workers' firm. None 
of the customers reported increasing their purchases of imported 
interlock JACQ strips with and without separation.
    The petitioner feels that the decision is incorrect, since the 
decision depicted goods the plant produced were used for children's 
clothing. The petitioner indicated that the goods were used for more 
than just children's clothing. Although the decision indicated that the 
workers produced knit fabric for children's clothing the investigation 
encompassed all goods (interlock JACQ strips with and without 
separation--sweater blanks, knitted fabric) the mill produced, without 
distinguishing the end-use (adult, children's--male and female) of the 
goods considered in the decision. Therefore, the initial investigation 
and resulting determination included all goods the company produced.
    The company in their request for reconsideration explained the 
reason for the declines in their business, however no new evidence 
pertinent to the initial petition and investigation was presented.

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 26th day of October 2001.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 01-28982 Filed 11-19-01; 8:45 am]
BILLING CODE 4510-30-M