[Federal Register Volume 67, Number 77 (Monday, April 22, 2002)]
[Notices]
[Page 19592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9759]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-40,023]


National Ford Chemical Company, Inc., Fort Mill, SC; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application of January 31, 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 was signed on December 12, 2001 and published in the 
Federal Register on December 26, 2001 (66 FR 66426).
    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 TAA petition, filed on behalf of workers at Nation Ford 
Chemical Company, Inc., Fort Hill, South Carolina engaged in 
administrative activities was denied because the worker group did not 
produced an article within the meaning of Section 222(3) of the Act.
    The company alleges that further layoffs of production, maintenance 
and warehouse personnel occurred after the negative determination was 
issued.
    During the initial decision, there was no indication that a threat 
of additional layoffs was imminent and therefore the investigation 
focused on the worker group engaged in administrative functions. The 
workers terminated after the date of the decision, were terminated 
beyond the relevant period of the investigation. Since conditions may 
have changed, a new TAA petition can be filed on behalf of the worker 
group so the Department can initiate a new investigation that would 
consider a potentially impacted worker group engaged in production of 
an article.
    The petitioner further alleges that they believe imports 
contributed to the layoffs at the subject firm.
    Before the Department examines if imports contributed importantly 
to the layoffs at the subject plant, it is imperative that worker group 
impacted be identified as engaged in the production of an article.

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 1st day of April, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-9759 Filed 4-19-02; 8:45 am]
BILLING CODE 4510-30-M