DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,206

SPRINGS GLOBAL, US, INC.
SPRINGS DIRECT TUNNEL ROAD STORE DIVISION
ASHEVILLE, NORTH CAROLINA

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated June 5, 2008, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm. The denial notice was signed on April 28, 2008 and
published in the Federal Register on May 15, 2008 (73 FR 28167).
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 negative TAA determination issued by the Department for
workers of Springs Global, US, Inc., Springs Direct Tunnel Road
Store Division, Asheville, North Carolina was based on the
finding that the worker group does not produce an article within
the meaning of Section 222 of the Trade Act of 1974.
The petitioner states that the workers of the subject firm
“answered the needs” in “providing means for the buyer to return
damaged goods, overstocks, slow sellers and items they wish to
discontinue.” The petitioner further states that the subject
firm “provided a profitable avenue” and supported sales and
orders for the production division and that the subject firm is
“specifically designed for direct support of production.” The
petitioner alleges that because other facilities of Springs
Global have been certified eligible for TAA, workers of the
subject firm who are engaged in retail should be certified
eligible for TAA.
The investigation revealed that workers of Springs Global,
US, Inc., Springs Direct Tunnel Road Store Division, Asheville,
North Carolina are engaged in activities at retail outlet store
that sold close-out home furnishings merchandise. These
functions, as described above, are not considered production of
an article within the meaning of Section 222 of the Trade Act.


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 in Washington, D.C., this 24th day of June 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-63,206

SPRINGS GLOBAL, US, INC.
SPRINGS DIRECT TUNNEL ROAD STORE DIVISION
ASHEVILLE, NORTH CAROLINA

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 17, 2008 in response
to a petition filed by workers on behalf of workers of Springs
Global, US, Inc., Springs Direct Tunnel Road Store Division,
Asheville, North Carolina. The workers were engaged in retail
sales of close-out home furnishing merchandise. The workers sold
articles produced by Springs Global, US, Inc.
The investigation revealed that this worker group was
previously denied eligibility to apply for adjustment assistance
under petition number TA-W-62,649B, issued on December 11, 2007.
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 domestically and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The investigation
revealed that although production of an article(s) occurred within
the firm or appropriate subdivision, the workers described above do
not support this production. Thus, the worker group cannot 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 the facts obtained in the
investigation, I determine that all workers of Springs Global, US,
Inc., Springs Direct Tunnel Road Store Division, Asheville, North
Carolina, are denied eligibility to apply for adjustment 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 April 2008


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





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