DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,181

ALADDIN INDUSTRIES, LLC
CORPORATE HEADQUARTERS
NASHVILLE, TENNESSEE


Notice of Negative Determination
Regarding Application for Reconsideration

By application of January 19, 2005, the company official
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) and Alternate Trade Adjustment Assistance
(ATAA). The negative determination was signed on January 4, 2005
and will soon be published in the Federal Register.
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 request for reconsideration asserts that the workers
subject of this petition worked along side, and should be treated
the same as, workers of Aladdin Industries, LLC, Nashville,
Tennessee, who were previously certified eligible to apply for
the TAA under petition number TA-W-41,514.
The certification for TA-W-41,514 was issued on July 18,
2002, and provided coverage to workers engaged in employment
related to the production of hot and cold insulated products,
including thermos bottles and beverages mugs, who became totally
or partially separated from employment on or after April 19, 2001
through July 18, 2004. The certification was based on the
findings that sales, production, and employment declined during
the period under investigation (2000, 2001 and January through
March 2002). During that same time period company imports of
thermos bottles and beverage mugs increased.
The petition for TA-W-56,181, initiated on December 8, 2004,
was filed by a company official on behalf of workers of the
Corporate Headquarters of Aladdin Industries, Nashville,
Tennessee. The company had sold the firm and production ceased
on August 2, 2002. For more than one year prior to the date of
the petition, the subject company did not produce any article at
its Nashville, Tennessee facility. The investigation found that
the corporate headquarters worker group was engaged in closing
out the remaining business. Specifically, the activities at
corporate headquarters consisted of accounting, employee benefits
(insurance and pension), and clearing out and selling machinery.
The petition was denied because the firm did not produce an
article within the meaning of Section 222(a)(2) of the Trade Act.
Furthermore, the workers did not support production at an
affiliated facility whose workers independently met the statutory
criteria for TAA certification since Aladdin Industries, LLC
ceased production in August 2002, more than one year prior to the
petition date (December 1, 2004). Therefore, the Department
determined that the corporate headquarters worker group cannot be
certified as eligible to apply for adjustment assistance.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the subject worker group must be
certified eligible to apply for trade adjustment assistance TAA.
Since the workers are denied eligibility to apply for TAA, the
worker group cannot be certified eligible for ATAA.
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, D.C., this 3rd day of February 2005
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance