[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Notices]
[Pages 53252-53253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26359]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-39,069 and NAFTA-04632]


Rosboro Lumber Company, Mill A, Springfield, OR; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application of May 1, 2001, the 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) under 
petition TA-W-39,069 and North American Free Trade Agreement-
Transitional Adjustment Assistance (NAFTA-TAA) under NAFTA-4632. The 
denial notices applicable to workers of Rosboro Lumber Company, Mill A, 
Springfield, Oregon, were signed on April 30, 2001 (TA-W-39,069), and 
April 19, 2001 (NAFTA-6432) and published in the Federal Register on 
Mau 18, 2001 (66 FR 27690) and May 3, 2001 (66 FR 22262), respectively.
    Pursuant to 29 CFR 90.18(c) reconsideration may be granted under 
the following circumstances:
    (1) If its 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 TAA petition, filed on behalf of workers at Rosboro Limber 
Company, Mill A, Springfield, Oregon, producing softwood dimension 
lumber (primary product produced at the plant), was denied because the 
``contributed importantly'' group eligibility requirement of Section 
222(3) of the Trade Act of 1974, as amended, was not met. The 
``contributed importantly'' test is generally demonstrated through a 
survey of the workers' firm's customers. The survey revealed no 
increased customer imports of softwood dimension lumber during the 
relevant period. The investigation further revealed that the subject 
company did not import softwood dimensional lumber during the relevant 
period.
    The NATA-TAA petition for the same worker group was denied because 
criteria (3) and (4) of the group eligibility requirements in paragraph 
(a)(1) of Section 250 of the Trade Act, as amended, were not met. A 
surveys was conducted and revealed that customers did not increase 
their imports of softwood dimensional lumber from Mexico or Canada 
during the relevant period. The subject firm did not import softwood 
dimensional limber from Mexico or Canada, nor was production of 
softwood dimensional lumber shifted from the workers' firm to Mexico or 
Canada.
    The petitioner alleges that the mill produced another product (lam-
stock) and that product was being imported by

[[Page 53253]]

the mill from Canada to the United States. Although the mill produced 
lam-stock (considered dimensional lumber of a higher quality) it 
accounted for a very low portion of mill production. The company 
reported importing lam-stock from Canada during the relevant period. 
However, since the workers are not separately identifiable at the mill 
by dimensional lumber type and the overwhelming majority of softwood 
dimensional lumber is of a different grade, the imports of lam-stock 
can not be considered a major contributing factor to the layoffs at the 
subject plant.

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, D.C., this 4th day of October, 2001.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 01-26359 Filed 10-18-01; 8:45 am]
BILLING CODE 4510-30-M