[Federal Register Volume 67, Number 77 (Monday, April 22, 2002)]
[Notices]
[Pages 19588-19589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9758]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-39,725 and NAFTA-05102]


General Mills Snack Division, Carlisle, PA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of December 14, 2001, petitioners 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-39,725 and North American Free Trade Agreement-
Transitional Adjustment Assistance (NAFTA-TAA) under petition NAFTA-
5102. The TAA and NAFTA-TAA denial notices applicable to workers of 
General Mills, Snack Division, Carlisle, Pennsylvania, were signed on 
November 5, 2001 and November 19, 2001, and published in the Federal 
Register on November 20, 2001 (66 FR 58171) and December 5, 2001 (66 FR 
58171) and December 5, 2001 (66 FR 63262), respectively.
    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

[[Page 19589]]

    (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 General Mills, 
Snack Division, Carlisle, Pennsylvania engaged in the production of 
single-serve fruit juice and fruit-based beverages, 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 
company made a decision to exit the single-serve juice and fruit-based 
beverages business because the product no longer fit into this 
company's long-term plan for the Snacks Division. Imports of single-
serve juice and fruit-based beverages did not contribute importantly to 
the declines in employment at the subject plant.
    The NAFTA-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. The 
company made a decision to exit the single-serve juice and fruit-based 
beverages business because the product no longer fit into this 
company's long-term plan for the Snacks Division. The subject firm did 
not shift production to Canada or Mexico, nor did they import from 
Canada or Mexico single serve fruit juices or fruit-based beverages 
during the relevant period.
    The petitioner feels that the products produced by the subject firm 
were impacted by imports of products like or directly competitive with 
what the subject plant produced.
    Based on available industry data, the domestic market for single 
serve fruit beverages faces little or no competition from foreign 
sources. U.S. imports of single fruit or vegetable juice were 
negligible during the relevant period.

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 22nd day of March, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-9758 Filed 4-19-02; 8:45 am]
BILLING CODE 4510-30-M