[Federal Register Volume 67, Number 104 (Thursday, May 30, 2002)]
[Notices]
[Page 37868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13540]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-39,967]


Bethlehem Steel Corp., Lackawanna Coke Division, Lackawanna, NY; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By application of January 23, 2002, the United Steel Workers of 
America, AFL-CIO-CLC, 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 11, 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 Bethlehem Steel 
Corporation, Lackawanna Coke Division, New York engaged in the 
production of blast furnace coke, 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 ``contributed 
importantly'' test is generally demonstrated through a survey of the 
workers' firm's customers. The Department conducted a survey of the 
subject company's major customers regarding their purchases of blast 
furnace coke. The survey revealed that none of the customers purchased 
imported blast furnace coke during the relevant period. United States 
aggregate imports of coke and semicoke declined in the January through 
September 2001 period over the corresponding January through September 
2000 period. The investigation further revealed that although Bethlehem 
Steel Corporation imports blast furnace coke, these imports had no 
effect on the Lackawanna plant because they went to facilities never 
supplied by the Lackawanna plant.
    The petitioner alleges that increased imports of steel had a direct 
effect on coke consumption, thus impacting the Lackawanna coke plant. 
The petitioner further states that ``the long term trends of higher 
coke and steel imports resulted in the shutdown of Lackawanna.''
    Steel imports into the United States is not relevant to the TAA 
investigation that was filed on behalf of workers producing blast 
furnace coke. The product imported must be ``like or directly'' 
competitive with what the subject firm plant produced and the imports 
must ``contribute importantly'' to the layoffs at the subject plant to 
meet the eligibility requirements for adjustment assistance under 
section 223 of the Trade Act of 1974. Further examination of the facts 
developed in the initial investigation show that company imports, 
customer imports and aggregate U.S. imports of blast furnace coke did 
not ``contribute importantly'' to the layoffs at the subject plant.

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 24th day of April, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-13540 Filed 5-29-02; 8:45 am]
BILLING CODE 4510-30-P