[Federal Register Volume 69, Number 36 (Tuesday, February 24, 2004)]
[Notices]
[Page 8487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3929]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,228]


Aurora Acquisition Corp., Formerly Clarksburg Casket Company, 
Hepzibah, West Virginia; Notice of Negative Determination on 
Reconsideration

    By application of December 18, 2003, Teamsters Local Union No. 175 
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 November 17, 2003, and published in the 
Federal Register on December 29, 2003 (68 FR 74977).
    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 Aurora Acquisition 
Corp., formerly Clarksburg Casket Company, Hepzibah, West Virginia was 
denied because the ``contributed importantly'' group eligibility 
requirement of section 222 of the Trade Act of 1974 was not met. The 
``contributed importantly'' test is generally demonstrated through a 
survey of customers of the workers' firm. The survey revealed that the 
customer of the subject firm did not increase its purchases of imported 
wood caskets. The subject firm also did not increase its imports of 
wood caskets, nor did the company shift production to a foreign source 
during the relevant period.
    In the request for reconsideration, the petitioner alleged that the 
subject company formed a strategic alliance with a Canadian firm to 
deliver caskets from Canada. This alliance still exists and Aurora 
Casket Company is still purchasing caskets from Canada. As a result, 
the petitioner concludes that the closure of the subject firm is 
directly attributed to increased imports of Canadian imports of wood 
caskets.
    A company official was contacted in regard to these allegations. It 
was revealed that, although the subject firm has two unaffiliated 
vendors in Canada, caskets produced by these vendors do not have the 
same style numbers and are considered to be not like or directly 
competitive with those produced by the subject firm. Furthermore, the 
company official was asked to provide company data on imports of wood 
caskets during the relevant period. The data review revealed that the 
total purchases of caskets from Canada decreased significantly in 2003 
compared to the prior year, and thus could not have contributed 
importantly to layoffs at the subject firm.
    The petitioner further alleges that a newly acquired facility in 
Bristol, Tennessee did not have capability of producing Orthodox 
caskets, and the petitioner is not aware of any domestic supplier that 
could provide Aurora Casket Company with the Orthodox caskets. The 
union believes that Canadian vendors could be the only suppliers of 
Orthodox caskets to the subject firm.
    The company official clarified that Aurora Casket Company, a 
company related to the subject firm by common ownership, bought 
Cortrium Hardwood Parts Co., Bristol, Tennessee for the purpose of 
shifting production of wood caskets from the subject firm, as well as 
increasing production of Orthodox caskets at Cortrium facility. He 
further stated that prior to and after the acquisition date, Cortrium's 
primary business in Bristol, Tennessee was making and selling these 
specialty Orthodox caskets. Consequently, production of caskets at 
Cortrium, Bristol, Tennessee increased substantially after the closure 
of the subject firm.
    The official confirmed what had been established in the initial 
investigation, which was that the layoffs at Aurora Acquisition Corp., 
formerly Clarksburg Casket Company, Hepzibah, West Virginia are 
directly caused by a domestic shift in production.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Aurora Acquisition Corp., formerly 
Clarksburg Casket Company, Hepzibah, West Virginia.

    Signed in Washington, DC, this 11th day of February, 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-3929 Filed 2-23-04; 8:45 am]
BILLING CODE 4510-30-P