[Federal Register Volume 68, Number 66 (Monday, April 7, 2003)]
[Notices]
[Pages 16836-16837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8355]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-50,320]


American Bag Corporation, Stearns Plant, Stearns, KY; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application of January 23, 2003, a company official 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 January 3, 2003, and published in the 
Federal Register on February 4, 2003 (67 FR 5654).
    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 TAA petition, filed on behalf of workers at American Bag 
Corporation, Stearns Plant, Stearns, Kentucky engaged in the production 
of airbags, was denied because criterion (1) was not met. Employment 
did not decline in the relevant period, but in fact increased from 
January through November of 2002 relative to the same time period in 
2001.
    In the request for reconsideration, the company official confirms 
that there were no employment declines in the relevant period. However, 
he also asserts that the reason for this was that workers laid off from 
the Stearns facility were replaced with workers from American Bag 
Corporation, Winfield, Kentucky (workers at this facility are currently 
certified for trade adjustment assistance through August 29, 2003). The 
official concludes that, on a corporate wide level, employment levels 
for workers engaged in production of airbags did decline in the 
relevant period.
    When assessing eligibility for trade adjustment assistance, the 
Department exclusively considers the relevant employment data for the 
facility where the petitioning worker group was employed. Thus 
corporate employment levels, in this context, are irrelevant. As

[[Page 16837]]

employment levels at the subject facility did not decline in the 
relevant period, criterion (1) has not been met.
    The company official also asserts that the major customer of the 
subject firm imported competitive airbags.
    In order for import data to be considered, employment declines must 
have occurred at the subject facility in the relevant period. As 
criterion (1) has not been met for the petitioning worker group, 
imports are 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 in Washington, DC, this 19th day of March 2003.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 03-8355 Filed 4-4-03; 8:45 am]
BILLING CODE 4510-30-P