[Federal Register Volume 64, Number 236 (Thursday, December 9, 1999)]
[Notices]
[Page 69035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31937]
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DEPARTMENT OF LABOR
Employment and Training Administration
[NAFTA-2952]
Carhartt, Inc., McKenzie, Tennessee; Negative Determination on
Application for Reconsideration
By letter of May 6, 1999, 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 McKenzie, Tennessee plant of
Carhartt, Inc. The negative determination was signed on April 12, 1999
and published in the Federal Register on May 11, 1999 (64 FR 25373).
Company officials have now indicated that it was their intention to
also request reconsideration of the Department's negative determination
eligibility to apply for North American Free Trade Agreement--
Transitional Adjustment Assistance (NAFTA-TAA) applicable to workers
and former workers of Carhartt, Inc., McKenzie, Tennessee (NAFTA-2952).
That negative determination was also signed on April 12, 1999 and
published in the Federal Register on May 11, 1999.
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 petitioner states that the Carhartt McKenzie sewing facility
produced bib overalls. When the plan permanently closed on July 30,
1999, production was transferred to the Carhartt Camden, Tennessee
facility.
The NAFTA-TAA petition, filed on behalf of workers of Carhartt,
Inc., McKenzie, Tennessee, was denied based on the finding that
criteria (3) and (4) of the worker group eligibility requirements of
paragraph (a)(1) of section 250 of the Trade Act of 1974, as amended,
were not met. There were no company or customer imports from Mexico or
Canada of products like or directly competitive with the bib overalls
produced by workers at McKenzie. The company did not shift production
from McKenzie to Mexico or Canada. The Department cannot consider the
domestic shift of production of bib overalls from McKenzie, Tennessee
to Camden, Tennessee as a basis for worker group certification.
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 30th day of November 1999.
Grant D. Beale,
Program Manager, Office of Trade Adjustment Assistance.
[FR Doc. 99-31937 Filed 12-8-99; 8:45 am]
BILLING CODE 4510-30-M
