[Federal Register Volume 68, Number 145 (Tuesday, July 29, 2003)]
[Notices]
[Pages 44545-44546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19221]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-51,366]


Georgia-Pacific Corporation, Operating as James River Paper Co., 
Inc., Consumer Products Division, Old Town, ME; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of June 24, 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 May 16, 2003 and published in the Federal 
Register on June 3, 2003 (68 FR 33195).
    Pursuant to 29 CFR 90.18(c) reconsideration may be granted under 
the following circumstances:


[[Page 44546]]


    (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 Georgia-Pacific 
Corporation, operating as James River Paper Co., Inc., Old Town, Maine 
engaged in the production of toilet tissue, towels, napkin paper and 
converted case products, was denied because the ``contributed 
importantly'' group eligibility requirement of Section 222 of the Trade 
Act of 1974 was not met. The subject firm did not increase its reliance 
on imports of toilet tissue, towels, napkin paper and converted case 
products during the relevant period, nor did it shift production to a 
foreign source. Further, division-wide sales increased during the 
relevant period.
    The company official alleges that, in order to remain competitive, 
the company was forced to upgrade the raw materials used to make its 
paper products, and that these raw materials are now obtained from 
foreign sources. The official further clarifies that, because the Old 
Town facility was unable to efficiently process this foreign fiber 
source, the company shifted production to another domestic facility 
with better capabilities for processing this imported raw material.
    The foreign sourcing of raw materials is not a factor in 
determining the import impact of the finished product. In assessing 
import impact in connection with petitioning worker eligibility for 
TAA, the Department considers data regarding imports like or directly 
competitive with those produced at the subject firm.

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 17th day of July, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-19221 Filed 7-28-03; 8:45 am]
BILLING CODE 4510-30-U