[Federal Register Volume 68, Number 132 (Thursday, July 10, 2003)]
[Notices]
[Pages 41178-41179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17444]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-39,162 & NAFTA-04822]


ME International, Inc., Duluth, MN; Notice of Revised 
Determination on Remand

    The United States Court of International Trade (USCIT) granted the 
Secretary of Labor's motion for a voluntary remand for further 
investigation in United Steelworkers of

[[Page 41179]]

America on Behalf of Former Workers of ME International, Inc. v. Elaine 
L. Chao, U.S. Secretary of Labor (Court No. 02-00404).
    The Department's initial denial of certification for the petitions 
(TA-W-39,162 & NAFTA-04822) filed for employees of ME International, 
Inc., Duluth, Minnesota were issued on October 2, 2001 and published in 
the Federal Register on October 19, 2001 (66 FR 53251 and 53252, 
respectively). The denial of Trade Adjustment Assistance (TAA) was 
based on a finding 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. The denial of NAFTA-Transitional Adjustment 
Assistance (NAFTA-TAA) was based on the finding that criteria (3) and 
(4) were not met. Imports from Canada or Mexico did not contribute 
importantly to workers' separations, nor was there a shift in plant 
production to Canada or Mexico.
    On administrative reconsideration, the Department issued a ``Notice 
of Negative Determination Regarding Application for Reconsideration,'' 
for cases TA-W-39,162 and NAFTA-04822 on March 25, 2002 for the 
employees of ME International, Inc., Duluth, Minnesota. The notice was 
published in the Federal Register on April 17, 2002 (67 FR 18926). The 
Department affirmed its conclusions that imports did not contribute 
importantly to worker separations at the subject firm.
    On remand, the Department contacted the company for additional 
customers that were not supplied by the company during the previous 
investigations. The company this time responded by supplying an 
extensive list of customers.
    The U.S. Department of Labor conducted a survey of the customers 
regarding their purchases of mine wear parts during the relevant 
period. The survey revealed that customers increased their imports of 
mine wear parts from Canada and/or Mexico and also increased purchases 
of total U.S. imports, while decreasing their purchases from the 
subject firm during the relevant period.

Conclusion

    After careful review of the additional facts obtained on remand, I 
determine that increases in imports of articles (including from Canada 
and/or Mexico) like or directly competitive with those produced by the 
subject firm 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 ME International, Inc., Duluth, Minnesota, who 
became totally or partially separated from employment on or after 
April 9, 2000, through two years from the issuance of this revised 
determination, are eligible to apply for worker adjustment 
assistance under Section 223 of the Trade Act of 1974.'' and
    ``All workers of ME International, Inc., Duluth, Minnesota, who 
became totally or partially separated from employment on or after 
April 30, 2000, through two years from the issuance of this revised 
determination, are eligible to apply for NAFTA-TAA under Section 250 
of the Trade Act of 1974.''

    Signed at Washington, DC this 25th day of June 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-17444 Filed 7-9-03; 8:45 am]
BILLING CODE 4510-30-P