[Federal Register Volume 66, Number 184 (Friday, September 21, 2001)]
[Notices]
[Page 48714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23529]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-39,055]


Newport Steel Corporation, Newport, KY; Notice of Negative 
Determination Regarding Application for Reconsideration

    By applications dated June 12, 2001, and June 17, 2001, the United 
Steelworkers of America, District 8, Local 1970 (USWA) and a former 
employee of the plant, 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 May 8, 2001, 
and was published in the Federal Register on May 23, 2001 (66 FR 
28553).
    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 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The denial of TAA for workers engaged in activities related to the 
production of steel pipe at Newport Steel Corporation, Newport, 
Kentucky, was based on the finding that the ``contributed importantly'' 
criterion of the group eligibility requirements of Section 222 of the 
Trade Act of 1974 was not met. Layoffs at the subject firm were related 
to outsourcing the raw material (steel coils) from domestic suppliers 
used to produce the steel pipe produced at the plant.
    The USWA states that the subject firm was producing as much steel 
coil as possible for use in their pipe mill and only purchased steel 
coils from outside sources when supplies could not meet demand from the 
pipe mill. In 1999, Newport Steel installed a ``super furnace'' to 
boost production and lower costs. The USWA states that currently it 
costs less for the subject firm to purchase steel coils from outside 
vendors than to produce on-site. The USWA adds that the illegal dumping 
of steel caused the loss of over 200 jobs in the Newport, Kentucky 
plant. Also attached to the request for reconsideration were documents 
from the American Iron and Steel Institute, which included March 2001 
trade data for steel mill products and a June 12, 2001, press release 
regarding April 2001 U.S. shipments of steel.
    Review of the investigation record shows that during 1999, 2000, 
and in January through March 2001, Newport Steel Corporation, did not 
purchase from any foreign sources articles like or directly competitive 
with those produced at the Newport, Kentucky plant. Furthermore, as to 
steel dumping and aggregate steel mill products data, the Department of 
Labor's worker petition investigation is conducted with respect to 
articles like or directly competitive with those produced at the 
workers' firm, not on aggregate products company-wide or industry-wide 
that are not like or directly competitive with the product of the 
subject firm.

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 decisions. Accordingly, the application is denied.

    Signed at Washington, DC this 5th day of September 2001.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 01-23529 Filed 9-20-01; 8:45 am]
BILLING CODE 4510-30-M