[Federal Register Volume 68, Number 6 (Thursday, January 9, 2003)]
[Notices]
[Page 1205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-413]



[[Page 1205]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-42,067]


Huntsman Polymers Corporation Utilities Division, Odessa, TX; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By application of October 16, 2002, a petitioner 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 was signed on October 7, 2002 and published in the 
Federal Register on November 5, 2002 (67 FR 67418).
    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 initial investigation resulted in a negative determination 
based on the finding that the subject firm workers did not produce an 
article within the meaning of section 222(3) of the Trade Act of 1974. 
The affected workers managed water and raw materials utilized in the 
various manufacturing processes performed at the subject firm.
    The petitioner alleges that the Utility Division was in direct 
support of a Trade Adjustment Assistance (TAA) certified facility 
(Huntsman Polymer Corporation, Odessa, Texas (TA-W-39,780) and thus 
believes the worker group should be certified eligible to receive TAA.
    Upon examination of the initial investigation and further contact 
with the company, it has been determined that only a small portion of 
the work performed by the subject workers was directed towards that 
certified TAA facility. The overwhelming majority of the support 
activities were directed towards other plant product lines, which are 
not under existing TAA certifications.
    The investigation further revealed that the Utilities Division 
required the same number of workers whether it was at full operating 
capacity or at a reduced operating level.
    The dominant factor leading to the declines in employment at 
Huntsman Polymers Corporation, Utilities Division, Odessa, Texas was 
related to a ``Feasibility Study'' in which it was determined that in 
order to reduce company costs, the Utilities Division would be merged 
with another facility at the Odessa site.

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 decisions. Accordingly, the application is denied.

    Signed at Washington, DC this 23rd day of December, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 03-413 Filed 1-8-03; 8:45 am]
BILLING CODE 4510-30-P