[Federal Register Volume 67, Number 131 (Tuesday, July 9, 2002)]
[Notices]
[Pages 45551-45552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17149]


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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-05773]


Superior Milling, Inc., Watersmeet, MI; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated May 29, 2002, the employees 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 April 18, 2002, and was published in the 
Federal Register on May 2, 2002 (67 FR 22115).
    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 denial of NAFTA-TAA for workers engaged in activities related 
to the production of rough green lumber at Superior Milling, Inc, 
Watersmeet, Michigan 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 increased 
company imports of rough green lumber from Mexico or Canada, nor did 
the subject firm shift production from the subject plant to Mexico or 
Canada. A survey of customers conducted by the Department of Labor 
revealed that customers did not increase their import purchase of 
products like or directly competitive with those produced at the 
Watersmeet plant from Canada or Mexico during the relevant period.
    The petitioner alleges that some customers of the subject plant 
imported rough green lumber during the relevant period. The petitioner 
also specifies which customers they believe are importing rough green 
lumber and thus impacting the subject plant.
    A review of the initial investigation and the corresponding survey 
results conducted during the investigation shows that the company 
supplied a customer list that accounted for greater than 85% of the 
subject plant's sales for the years 2000 and 2001. Extrapolating the 
provided customer list sales from subject plant sales shows that the 
unreported customers as a group increased their purchases from the 
subject firm during the relevant period.
    During the initial investigation the Department of Labor surveyed 
the reported declining customers of the subject firm regarding their 
purchases of rough green lumber during the relevant period (2000 and 
2001). The survey revealed that none of the respondents increased their 
imports of rough green lumber from Canada or Mexico during the relevant 
period.
    The petitioner further alleges that a major customer imported a 
sizeable amount of flooring stock from Canada and believes that those 
imports

[[Page 45552]]

adversely affected the profitability of the Superior Milling.
    Imports of flooring stock from Canada by the major customer is not 
``like or directly competitive'' with articles produced by the firm and 
therefore is not a relevant factor in meeting the eligibility 
requirement of section 250 of the Trade Act.

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 21st day of June 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-17149 Filed 7-8-02; 8:45 am]
BILLING CODE 4510-30-P