94-21725. Nike, Inc., Beaverton, OR; Notice of Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21725]


[[Page Unknown]]

[Federal Register: September 2, 1994]


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DEPARTMENT OF LABOR
[TA-W-30,000]

 

Nike, Inc., Beaverton, OR; Notice of Negative Determination 
Regarding Application for Reconsideration

    By an application dated August 5, 1994, one of the petitioners 
requested administrative reconsideration of the subject petition for 
trade adjustment assistance. The denial notice was signed on July 15, 
1994 and published in the Federal Register on July 28, 1994 (59 FR 
38494).
    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 findings show that the headquarters for Nike, Inc., is in 
Beaverton, Oregon. The Beaverton workers are engaged in marketing 
services, administrative functions, retail servicing and research and 
development.
    The investigation findings show that Nike does not produce products 
directly but contracts with non-affiliated firms for the production of 
athletic and casual footwear, apparel and sports accessories.
    The Department's denial was based on the fact that the Beaverton 
workers do not produce an article within the meaning of Section 223 of 
the Trade Act. The Department has consistently determined that the 
performance of services does not constitute the production of an 
article as required by Section 222 of the Trade Act, and this 
determination has been upheld in the U.S. Court of Appeals.
    Only in very limited instances are marketing and other support 
workers certified for trade adjustment assistance (TAA), namely the 
worker separations must be caused by a reduced demand for their 
services from a parent or controlling firm or subdivision whose workers 
produce an article and who are currently under a certification for TAA. 
These conditions were not met for the workers at Nike, Inc., in 
Beaverton, Oregon.

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 22nd day of August 1994.
James D. Van Erden,
Administrator, Office of Work-Based Learning.
[FR Doc. 94-21725 Filed 9-1-94; 8:45 am]
BILLING CODE 4510-30-M