[Federal Register: October 10, 2003 (Volume 68, Number 197)]
[Notices]               
[Page 58716]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc03-135]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-52,177]

 
Redman Knitting Inc., Ridgewood, New York; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of September 2, 2003, a worker 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 July 29, 2003, and 
published in the Federal Register on August 14, 2003 (68 FR 48643).
    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 petition for the workers of Redman Knitting Inc., Ridgewood, 
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. The 
survey revealed that none of the respondents increased their purchases 
of imported knitted fabric.
    The worker states that the production of knitted fabric made at the 
subject firm was used by customer(s) for production of knitted 
sweaters, and that customer(s) are now importing completed sweaters.
    Contact with a company official confirmed that major declining 
customer(s) of the subject firm are importing completed sweaters. 
However, imports of sweaters are not ``like or directly competitive'' 
with the product produced (knitted fabric) by the subject firm. 
Therefore, customer imports in this case are not relevant in meeting 
the eligibility requirement of Section 222(3) of the Trade Act of 1974 
under primary impact.
    Further, major declining customer(s) of the subject firm are not 
certified for TAA, thus the subject firm workers are not eligible under 
secondary impact.

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 25th day of September 2003.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-25708 Filed 10-9-03; 8:45 am]

BILLING CODE 4510-30-P