[Federal Register Volume 67, Number 140 (Monday, July 22, 2002)]
[Notices]
[Pages 47867-47868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18426]


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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-5998]


Ibiden Graphite Of America Corporation, Portland, Oregon; Notice 
of Negative Determination Regarding Application for Reconsideration

    By application postmarked May 29, 2002, a petitioner 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

[[Page 47868]]

and former workers of the subject firm. The denial notice was signed on 
May 3, 2002, and was published in the Federal Register on May 17, 2002 
(67 FR 35142).
    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 denial of NAFTA-TAA for workers engaged in activities related 
to the production of carbon graphite machined products and raw graphite 
materials at Ibiden Graphite of America Corporation, Portland, Oregon 
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 company imports of 
carbon graphite machined products and raw graphite materials from 
Mexico or Canada, nor did the subject firm shift production from 
Portland, Oregon to Mexico or Canada. The survey conducted by the 
Department of Labor revealed no imports of carbon graphite machined 
products and raw graphite materials from Canada or Mexico during the 
relevant period.
    The petitioner appears to be alleging that the production performed 
by the subject firm is now being sent to a facility located in Boston, 
Massachusetts, who then send most of that work to Japan.
    The alleged shifts in production to a foreign source other than 
Canada or Mexico or the imports from a foreign source other than Canada 
or Mexico are not relevant factors in meeting the eligibility 
requirements for NAFTA-TAA under Section 250 of the Trade Act of 1974.
    Of note, on June 28, 2002 the workers were certified eligible to 
apply for Trade Adjustment Assistance under TA-W-41,424.

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 12th day of July 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-18426 Filed 7-19-02; 8:45 am]
BILLING CODE 4510-30-P