Corrected: June 18, 2007

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,298

AMERICAN MANUFACTURING INTERNATIONAL, INC.
PATTERSON, NEW JERSEY

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated May 11, 2007 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). The denial notice applicable to workers of
American Manufacturing International, Inc., Patterson, New Jersey
was signed on May 1, 2007 and published in the Federal Register
on May 17, 2007 (72 FR 27855).
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 American
Manufacturing International Inc., Patterson, New Jersey engaged
in the retailing of chemicals was denied because the petitioning
workers did not produce an article within the meaning of Section
222 of the Act.
The petitioner contends that the Department erred in its
interpretation of work performed at the subject facility as
providing a service and further conveys that workers of the
subject firm mix various chemicals using recipes and then sell
them to textile plants.
A company official was contacted for clarification in regard
to the nature of the work performed at the subject facility. The
official stated that the subject firm has outsourced production
of chemicals to another independent company since 2004. The
official clarified that workers of the subject firm did not mix
or react chemicals in 2006 and January through April of 2007.
Moreover, a review of the record established that only one
worker was separated from American Manufacturing International,
Inc., Patterson, New Jersey during the relevant time period.
When assessing eligibility for TAA, the Department makes its
determinations based on the requirements as outlined in Section
222 of the Trade Act. The investigation revealed that American
Manufacturing International, Inc., Patterson, New Jersey did not
separate or threaten to separate a significant number or
proportion of workers as required by Section 222 of the Trade Act
of 1974. Significant number or proportion of the workers in a
firm or appropriate subdivision thereof, means that at least
three workers with a workforce of fewer than 50 workers, five
percent of the workers with a workforce over 50 workers, or fifty
workers.
Since the total number of separated workers was one during
the relevant period, workers of American Manufacturing
International, Inc., Patterson, New Jersey do not meet the group
eligibility requirements for trade adjustment assistance.
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 23rd day of May, 2007.
/s/ Elliott S. Kushner
___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration


TA-W-61,298

AMERICAN MANUFACTURING INTERNATIONAL INC.
PATTERSON, NEW JERSEY

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on April 12, 2007 in response
to a petition filed by a company official on behalf of workers of
American Manufacturing International Inc., Patterson, New Jersey.
The workers of the subject firm sell chemicals.
The investigation found that the subject firm does not
manufacture the chemicals that it sells.
The investigation revealed that American Manufacturing
International Inc., Patterson, New Jersey, does not produce an
article within the meaning of Section 222(a)(2) of the Act. In
order to be considered eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, the worker group
seeking certification (or on whose behalf certification is being
sought) must work for a "firm" or appropriate subdivision that
produces an article and there must be a relationship between the
workers' work and the article produced by the workers' firm or
appropriate subdivision. The sales people described above do not
support a firm or appropriate subdivision that produces an article
domestically and thus the worker group can not be considered import
impacted or affected by a shift in production of an article.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.



Conclusion
After careful review of facts obtained in the investigation, I
determine that all workers of American Manufacturing International
Inc., Patterson, New Jersey, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974 as amended.
Signed in Washington, D.C., this 1st day of May, 2007


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance











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