[Federal Register Volume 67, Number 40 (Thursday, February 28, 2002)]
[Notices]
[Pages 9330-9331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4735]


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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-4778]


Shasta View Produce, Inc., Malin, OR; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated August 24, 2001, the company requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for North American Free 
Trade Agreement-Transitional Adjustment Assistance (NAFTA-TAA), 
applicable to workers and former workers of the subject firm. The 
denial notice was signed on July 16, 2001, and was published in the 
Federal Register on August 6, 2001 (66 FR 41053).
    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 NAFTA-TAA for workers engaged in activities related 
to the production of potatoes and potato products at Shasta View 
Produce, Inc., Malin, Oregon was based on the finding that criteria (3) 
and (4) of the group eligibility requirements of paragraph (a)(1) of 
section 250 of the Trade Act, as amended, were not met. There were no 
company imports of potatoes and potato products from Mexico or Canada, 
nor did Shasta View Produce, Inc. shift production from Malin, Oregon 
to Mexico or Canada. Major customers did not import potatoes or potato 
products from Mexico or Canada during the relevant period.
    The petitioner alleges that Canadian imports of potatoes increased 
significantly. Although the Department

[[Page 9331]]

examines industry statistics, the Department normally analyzes the 
impact of imports on the subject firm workers through a survey of 
declining customers to examine if the firm's domestic customers 
switched purchases from the subject firm in favor of foreign produced 
products during the relevant period. The survey conducted by the 
Department of Labor revealed that the respondents did not import 
products like and directly competitive with what the subject plant 
produced. Further, a review of potato imports (like and directly 
competitive with subject plant products) from Canada shows that imports 
declined during the relevant period (1999, 2000 and a portion of 2001).

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 4th day of February, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-4735 Filed 2-27-02; 8:45 am]
BILLING CODE 4510-30-M