[Federal Register Volume 67, Number 131 (Tuesday, July 9, 2002)]
[Notices]
[Page 45549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17141]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-39,282, Wilmington, NC, TA-W-39,282A, Leland, NC, TA-W-39,282B, 
Kinston, NC, TA-W-39,282C, Grifton, NC, TA-W-39,282D, Charleston, SC, 
TA-W-39,282E, Moncks Corner, SC]


Standard Corporation, Integrated Logistics; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated on April 18, 2002, 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 Standard Corporation, Integrated 
Logistics, Wilmington, North Carolina (TA-W-39,282), Leland, North 
Carolina (TA-W-39,382A), Kinston, North Carolina (TA-W-39,282B), 
Grifton, North Carolina (TA-W-39,282C), Charleston, South Carolina (TA-
W-39,282D) and Moncks Corner, South Carolina (TA-W-39,282E) was signed 
on March 5, 2002, and published in the Federal Register on March 20, 
2002 (67 FR 13012).
    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 mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The TAA petition was filed on behalf of workers at Standard 
Corporation, Integrated Logistics, Wilmington, North Carolina (TA-W-
39,282), Leland, North Carolina (TA-W-39,382A), Kinston, North Carolina 
(TA-W-39,282B), Grifton, North Carolina (TA-W-39,282C), Charleston, 
South Carolina (TA-W-39,282D) and Moncks Corner, South Carolina (TA-W-
39,282E) engaged in activities related to providing distribution and 
warehousing services for an unaffiliated customer that produces 
polyester fibers. The petition was denied because the petitioning 
workers did not produce an article within the meaning of section 222(3) 
of the Act.
    In the request for reconsideration, the company indicated that 
Standard Corporation workers play a vital role in the manufacturing of 
polyester fibers for Dupont. The petitioner indicated that once the 
polyester fibers are released from the Dupont Corporation production 
area, the product is then transported through an in-line conveyor 
system to the Standard Corporation work area. Standard Corporation 
associates off-load the polyester fiber and perform the packaging, 
quality checks, as well as, transport the product to a designated 
staging area within the Dupont Manufacturing plant.
    The new data supplied by the petitioner show that the subject plant 
workers performed services that are a stage beyond the production 
performed at the unaffiliated, certified TAA Dupont Corporation, 
Polyester Enterprise, (Wilmington, North Carolina, TA-W-39,743, 
Kinston, North Carolina, TA-W-39,743A and Charleston, South Carolina, 
TA-W-39,743B) plants. Therefore, as indicated in the initial decision, 
workers do not produce an article within the meaning of section 222(3) 
of the Trade Act of 1974, is correct.

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 20th day of June, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-17141 Filed 7-8-02; 8:45 am]
BILLING CODE 4510-30-P