[Federal Register Volume 67, Number 140 (Monday, July 22, 2002)]
[Notices]
[Pages 47863-47864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18416]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-40,492]


Coastal Lumber Company, Suffolk, VA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated June 4, 2002, the company requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on May 6, 2002, and 
published in the Federal Register on May 17, 2002 (67 FR 35340).
    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 petition for the workers of Coastal Lumber Company, located in 
Suffolk, Virginia 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 customers of the workers' 
firm. The survey revealed that none of the respondents increased their 
imports of pine boards while decreasing their purchases from the 
subject firm during the relevant period.
    The petitioner supplied statistics relating to softwood lumber 
imports for selected countries. The petitioner believes these countries 
are importing pine boards back to the United States and that the 
declines in the price of softwood lumber created a surge in imports of 
softwood lumber during the relevant period, thus impacting the subject 
plant workers and the softwood lumber industry.
    A review of the data supplied by the petitioner depicts the trend 
in softwood lumber imports for selected countries during the relevant 
period. However, the softwood lumber statistics supplied by the 
petitioner is a broad (basket) category and is not specific enough with

[[Page 47864]]

the products produced (pine board) by the subject plant and therefore 
not relevant. The Department conducted a survey, as already indicated, 
to examine the direct impact of pine board imports on the subject firm 
worker's during the relevant period. The survey revealed that customer 
imports did not contribute importantly to the layoffs at the subject 
plant during the relevant period.
    Further, the price of imported softwood lumber is not a relevant 
factor in meeting the ``contributed importantly'' group eligibility 
requirement of Section 222(3) of the Trade Act of 1974, as amended.

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 3rd day of July 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-18416 Filed 7-19-02; 8:45 am]
BILLING CODE 4510-30-P