DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,895

SINY CORP, D/B/A MONTEREY MILLS
JANESVILLE, WISCONSIN

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated September 3, 2008, 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 July 28, 2008 and
published in the Federal Register on August 12, 2008 (73 FR
46924).
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, which was filed on behalf of workers at
Siny Corporation, d/b/a Monterey Mills, Janesville, Wisconsin
engaged in the production of acrylic knit pile fabric, was denied
based on the findings that imports of acrylic knit pile fabric
did not contribute importantly to worker separations at the
subject firm and no shift in production to a foreign source
occurred.
In the request for reconsideration, the petitioner stated
that workers of the subject firm were previously certified
eligible for Trade Adjustment Assistance. The petitioner further
stated that in order to reveal the import impact, the Department
should consider the time period prior to 2006. The petitioner
seems to allege that because the subject firm was previously
certified eligible for TAA, the workers of the subject firm
should be granted another TAA certification.
When assessing eligibility for TAA, the Department
exclusively considers import impact during the relevant time
period (from one year prior to the date of the petition).
Therefore, events occurring before 2006 are outside of the
relevant period and are not relevant in this investigation.
After careful review of the request for reconsideration, the
Department determines that 29 CFR 90.18(c) has not been met.



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 15th day of September, 2008

/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-62,895

SINY CORP, d/b/a MONTEREY MILLS
JANESVILLE, WISCONSIN

Negative Determinations 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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or



II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;

B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on February 25, 2008 in
response to a petition filed on behalf of workers of Siny Corps,
d/b/a Monterey Mills, Janesville, Wisconsin. The workers produce
acrylic knit pile fabric.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import knit pile fabrics in 2006,
2007, or January through February 2008, nor did it shift production
to a foreign country in those periods.
The Department of Labor surveyed the subject firm’s largest
customers regarding their purchases of knit pile fabrics in 2006
and 2007. The survey revealed that no customer contributing
significantly to the total subject firm sales decline increased
imports during the relevant period.
United States aggregate imports of loop pile fabrics of man-
made fibers, knitted, decreased in January through April 2008
compared with the same period in 2007.
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 the facts obtained in the
investigation, I determine that all workers of Siny Corps, d/b/a
Monterey Mills, including on-site leased workers from QPS Company,
Janesville, Wisconsin are denied eligibility to apply for adjust-
ment assistance under Section 223 of the Trade Act of 1974, and are
also denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 28th day of July 2008


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance








- 7 -