[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Notices]
[Page 53254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26363]



[[Page 53254]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-38,636]


Cookson Pigments, Inc., Newark, NJ; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of April 18, 2001, the company 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 Cookson Pigments, Inc., Newark, 
New Jersey, was issued on March 12, 2001, and was published in the 
Federal Register on April 16, 2001 (66 FR 19520).
    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 petitioner request states that the worker were retained for the 
purpose of decommissioning and the demolition of the subject facility. 
The petitioner requests Trade Adjustment Assistance eligibility for the 
worker group based on the initial Trade Adjustment Assistance 
certification which expired on June 6, 1999. Production ceased at the 
subject plant during October 1998. The workers have not produced a 
product since October 1998, and therefore, are considered to be 
performing a service during the relevant period.
    Only in very limited instances are service workers certified for 
TAA, namely for worker separations must be caused by a reduced demand 
for their services from a parent or controlling firm or subdivision 
whose workers produce an article and who are currently under a 
certification for TAA.

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, DC, this 24th day of September 2001.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 01-26363 Filed 10-18-01; 8:45 am]
BILLING CODE 4510-30-M