[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Notices]
[Page 53257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26360]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-38,599]


Sherwood, Harsco Corporation, Lockport, NY; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated May 21, 2001, the 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 23, 2001, and 
published in the Federal Register on May 9, 2001 (66 FR 23733).
    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 the workers of Sherwood, Harsco Corporation, 
Lockport, New York, was based on the finding that criterion (3) of the 
worker group eligibility requirements of Section 222 of the Trade Act 
of 1974, as amended, was not met. A survey of customers indicated that 
increased imports did not contribute importantly to worker separations.
    The request for reconsideration claims that the Department of Labor 
was supplied wrong information for the Lockport and Wheatfield, New 
York plants and that the knowledgeable source should be contacted for 
the correct information.
    The specified company official was contacted and indicated that the 
subject workers also produced component parts for the LPG valves/
industrial valves produced at the subject plant. The contact indicated 
that the company did not import LPG valves/industrial valves nor did 
the company import component parts used for the assembly of the valves 
produced at the subject plant. The contact further revealed that their 
competitors were importing valve parts and using those parts for the 
assembly of valves domestically.

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 applied is denied.

    Signed at Washington, DC, this 28th day of September, 2001.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 01-26360 Filed 10-18-01; 8:45 am]
BILLING CODE 4510-30-M