DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,871

BLOCK CORPORATION
AMORY, MISSISSIPPI

Notice of Negative Determination
Regarding Application for Reconsideration

By application of May 16, 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 April 27, 2005 and
published in the Federal Register on May 16, 2005 (70 FR 25859).
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 Block
Corporation, Amory, Mississippi engaged in production of men’s
trouser samples was denied because the "contributed importantly"
group eligibility requirement of Section 222 of the Trade Act of
1974 was not met, nor was there a shift in production from that
firm to a foreign country. The investigation revealed that the
preponderance in employment declines is attributed to a domestic
shift in production of men’s trouser samples.
In the request for reconsideration, the petitioner alleges
that the layoffs at the subject firm are attributable to an
increase in imports of men’s trouser samples.
A company official was contacted regarding the above
allegations. The company official confirmed what was revealed
during the initial investigation. In particular, the official
stated that even though the subject firm has been importing a
small portion of men’s trouser samples, domestic production of
men’s trouser samples have not declined during the relevant time
period. Furthermore, the official stated that the same amount of
pant samples that were produced at the subject facility are now
produced at another domestic facility.






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 7th day of June, 2005

/s/ Elliott S. Kushner


ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance