DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,484

RENEE’S MANUFACTURING, INC.
SAN FRANCISCO, CALIFORNIA

Notice of Negative Determination
Regarding Application for Reconsideration

By application of April 7, 2005 a petitioner 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 Alternative Trade Adjustment Assistance
(ATAA). The denial notice was signed on March 4, 2005 and
published in the Federal Register on April 1, 2005 (70 FR 16846).
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 TAA petition, filed on behalf of workers at Renee’s
Manufacturing, San Francisco, California sewing women’s tops,
bottoms, blouses and skirts on a contract basis was denied
because the "contributed importantly" group eligibility
requirement of Section 222 of the Trade Act of 1974 was not met.
The “contributed importantly” test is generally demonstrated
through a survey of the workers’ firm’s customers. The survey
revealed no imports of women’s tops, bottoms, blouses and skirts
during the relevant period. The subject firm did not import
women’s tops, bottoms, blouses and skirts in the relevant period
nor did it shift production to a foreign country.
In the request for reconsideration, the petitioner alleges
that the layoffs at the subject firm are attributable to a shift
in production to a foreign country.
A company official was contacted regarding the above
allegations. The company official stated that no production has
been shifted from the subject firm to a foreign country and
currently, there are no such plans.
Should the shift abroad occur, the petitioners are
encouraged to file a new petition on behalf of workers at the
Renee’s Manufacturing, San Francisco, California, thereby
creating a new period of investigation that would include
changing conditions.




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 2nd day of May, 2005

/s/ Linda G. Poole


LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance