[Federal Register Volume 68, Number 159 (Monday, August 18, 2003)]
[Notices]
[Page 49525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21022]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-51,541]


Luzenac America, Inc., Windsor, VT; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of July 7, 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 23, 2003 and published in the Federal 
Register on June 19, 2003 (68 FR 36845).
    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 Luzenac America, 
Inc., Windsor, Vermont engaged in the production of talc products, was 
denied because criteria (a)(2)(A)(IB) and (IIB) were not met. 
Production of talc products at the subject plant increased from 2001 to 
2002 and from January through March of 2002 to the corresponding period 
of 2003, and the company did not shift production to a foreign source 
in this period.
    In the request for reconsideration, the company official states 
that sales and production declines will occur in the near future in 
conjunction with a scheduled shift in production to Canada and a 
subsequent production shut down at the subject firm.
    Regardless of imminent and certain sales and production declines, 
criterion (a)(2)(A)(I.B) requires an ``existing'' sales and/or 
production decline at the subject firm. Alternatively, workers might be 
eligible for TAA if the company had begun shifting production of like 
or directly competitive talc products to Canada. However, that event 
has not yet occurred and thus no shift of production is indicated in 
the relevant period of this investigation. Thus criterion (II.B) has 
not been met.
    Should conditions change in the future, the company is encouraged 
to file a new petition on behalf of the worker group which will 
encompass an investigative period that will include these changing 
conditions.

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 1st day of August, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-21022 Filed 8-15-03; 8:45 am]
BILLING CODE 4510-30-P