[Federal Register Volume 68, Number 6 (Thursday, January 9, 2003)]
[Notices]
[Page 1207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-412]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-40,855, TA-W-40,855A]


Quebcor World Kingsport, Inc., Kingsport, Tennessee, Quebcor 
World Hawkins, Kinsport Press Road, Church Hill, Tennessee; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application of June 5, 2002, the United Steelworkers of America, 
Local 299 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 Quebecor World 
Kingsport, Inc., Kingsport, Tennesse (TA-W-40,855) and Quebcor World 
Hawkins, Kingsport Press Road, Church Hill, Tennessee (TA-W-40,855A) 
was issued on May 2, 2002, and was published in the Federal Register on 
May 17, 2002 (67 FR 35143).
    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 investigation findings revealed that criterion (3) of the group 
eligibility requirements of section 222 of the Trade Act of 1974 was 
not met. Increased imports did not contribute importantly to worker 
separations at the subject firm. The preponderance in the declines in 
employment at Quebcor World Hawkins, Kingsport Press Road, Church Hill, 
Tennessee is the direct result of plant production being shifted to 
other domestic locations and related bumping into the Quebecor World 
Kingsport, Incorporated facility. The workers were engaged in 
activities related to the production of books and also provided 
warehouse and distribution functions.
    The request for reconsideration alleges that the subject plant 
workers were impacted by company work being exported to foreign 
countries and then shipped back to the United States. The petitioner 
attached a copy of work orders in an attempt to depict this.
    The Department of Labor requested that the company verify the work 
orders lost to foreign sources and the amount of business lost to 
foreign sources. The company summarized the information and indicated 
that the amount of the work exported and imported back to the United 
States was negligible.
    The petitioner further states that during February 2002, the 
company shifted binding equipment (Koibus casing-in line and one Horauf 
casemaker) from Quebecor World Hawkings to Bogata, Columbia.
    Based on information supplied by the company, all plant production 
was shifted to domestic sources. A shift in plant machinery to a 
foreign source does not meet the eligibility requirements of section 
223 of the Trade Act of 1974. As already indicated, company imports of 
products like or directly competitive with what the subject plant 
produced were negligible and thus any shifts in plant machinery to a 
foreign source is irrelevant.

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 December, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 03-412 Filed 1-8-03; 8:45 am]
BILLING CODE 4510-30-P