DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,119

TENNFORD WEAVING
SANFORD, MAINE

Notice of Negative Determination
Regarding Application for Reconsideration

By application of December 31, 2001, the petitioners
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
Tennford Weaving, Sanford, Maine, was issued on December 11,
2001, and was published in the Federal Register on December 26,
2001 (66 FR 66426).
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 on
December 11, 2001 was based on the fact that the subject plant's
assets were sold to Alkahn Labels, Inc., New York, New York and
that Alkahn Labels, Inc. did not import woven labels during the
relevant period.
The request for administrative reconsideration indicates
that Tennford Weaving, Sanford, Maine sold their assets
(machinery) to Alkahn Labels, Inc. The new owner of the
equipment then shipped the machinery to Weston, West Virginia
where some of the machinery was reconfigured for use overseas in
Hong Kong.
Declines in subject plant employment is related to the
subject plant's machinery being sold on August 1, 2001 to Alkahn
Labels, Inc. The new owner consolidated their manufacturing
operations by transferring the subject plant machinery to
factories located in West Virginia, South Carolina and Hong Kong.
The investigation further revealed that the subject plant and
Alkahn Labels, Inc. did not import woven labels during the
relevant period.
The shift of plant machinery to a foreign source does not
meet the "contributed importantly" group eligibility requirement
of Section 222(3) of the Trade Act of 1974, as amended. To meet
the eligibility requirements of criterion (3) the increases of
imports of articles like or directly competitive with articles
produced by the subject firm or appropriate subdivision have to
contribute importantly to the separations and to the absolute
decline in sales or production. This is not the case for the
workers of the subject firm.
The petitioners in their request for administrative
reconsideration also attached shipping invoices to their request.
An examination of the attached shipping invoices revealed
that Sher Woven Label, a Division of Alkahn Labels, Inc.
primarily shipped products to foreign sources. One invoice
reflects a domestic to domestic shipment. Exports of woven
labels by the company do not meet the increasing imports
eligibility requirements of Section 222 of the Trade Act, as
amended.
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 11th day of March 2002
/s/ Edward A. Tomchick

EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance