[Federal Register Volume 68, Number 69 (Thursday, April 10, 2003)]
[Notices]
[Pages 17675-17676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8845]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-39,380]


Spinnaker Coating Maine Incorporated, Westbrook, ME; Notice of 
Revised Determination on Remand

    The United States Court of International Trade (USCIT) remanded to 
the Labor Department for further investigation of the negative 
determination in Former Employees of Spinnaker Coating, Maine Inc. v. 
U.S. Secretary of Labor (Court No. 02-00203).
    The Department's initial denial of the petition for employees of 
Spinnaker Coating Maine, Inc., Incorporated, Westbrook, Maine was 
issued on August 23, 2001 and published in the Federal Register on 
September 11, 2001 (66 FR 47242). The denial was based on the fact that 
criterion (3) of the Group Eligibility Requirements of Section 222 of 
the Trade Act of 1974, as amended, was not met. Imports did not 
contribute importantly to worker separations at the subject firm.
    On administrative reconsideration, the Department issued a ``Notice 
of Negative Determination Regarding Application for Reconsideration,'' 
on December 26, 2001 for the employees of Spinnaker Coating Maine, 
Inc., Incorporated, Westbrook, Maine. The notice was published in the 
Federal Register on January 31, 2002 (66 FR 4756 and 4757). The 
Department further concluded that imports did not contribute 
importantly to worker separations at the subject firm.
    On remand, the Department examined the results of a survey response 
conducted during the initial investigation, with additional 
clarification from the customer during reconsideration. The survey 
showed

[[Page 17676]]

that the customer stopped buying thermal transfer paper from the 
subject firm prior to the relevant period. During the same time period, 
the customer increased their imports purchases of thermal transfer 
paper from another domestic source, while decreasing their purchases of 
Electronic Data Processing (EDP) paper from the subject firm.
    Since the two products EDP and thermal transfer paper appeared to 
be two different types of paper, the Department did not consider the 
increased imports as impacting the subject plant. On remand, the 
Department contacted a company official and followed up with an 
industry expert at the United States International Trade Commission. 
Both indicated that the two products were directly competitive with 
each other. Therefore on further review of that survey response, the 
customer increased their purchases of imported thermal transfer paper, 
a product ``like or directly competitive'' with EDP during the relevant 
period. The customer simultaneously reduced their purchases of EDP, 
while increasing their imports of thermal transfer paper during the 
relevant period.

Conclusion

    After careful review of the additional facts obtained on remand, I 
conclude that there were increased imports of articles like or directly 
competitive with those produced by the subject firm that contributed 
importantly to the worker separations and sales or production declines 
at the subject facility. In accordance with the provisions of the Trade 
Act, I make the following certification:

    All workers of Spinnaker Coating Maine Incorporated, Westbrook, 
Maine who became totally or partially separated from employment on 
or after June 4, 2000, through two years from the issuance of this 
revised determination, are eligible to apply for adjustment 
assistance under Section 223 of the Trade Act of 1974.

    Signed at Washington, DC this 10th day of March 2003.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 03-8845 Filed 4-9-03; 8:45 am]
BILLING CODE 4510-30-P