[Federal Register Volume 69, Number 141 (Friday, July 23, 2004)]
[Notices]
[Pages 44064-44065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16771]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-54,375]


International Paper Company, Atlantic Region Forest Division, 
Georgetown, South Carolina; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application of June 3, 2004, a petitioner 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).

[[Page 44065]]

The denial notice applicable to workers of International Paper Company, 
Atlantic Region Forest Division, Georgetown, South Carolina was signed 
on May 12, 2004, and published in the Federal Register on June 2, 2004 
(69 FR 31135).
    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 was filed on behalf of workers at International 
Paper Company, Atlantic Region Forest Division, Georgetown, South 
Carolina engaged in administrative and staff support functions 
associated with the management of forest lands. The petition was denied 
because the petitioning workers did not produce an article within the 
meaning of Section 222 of the Act.
    In the request for reconsideration a petitioner contends that the 
Department erred in its interpretation of work performed at the subject 
facility and alleges that the petitioning workers performed 
administrative and procurement activities for several mills in North 
Carolina and Georgia, which were impacted by the Canadian and European 
imports.
    A company official was contacted in regards to these allegations. 
It was revealed upon further investigation that the petitioning workers 
were engaged in land sales, environmental activities and GIS 
development for the Forest Resources Division of the International 
Paper Company. Furthermore, the nature of work that the workers 
performed had no direct relationship with the production within the 
Forest Resources Division, nor did they support production at any of 
the International Paper Company mills. The official further stated that 
the establishment of a new business strategy to lower operating cost 
through the elimination, consolidation and reorganization of a number 
of managerial and administrative job functions within the Forest 
Resources Division caused the workers separations at the subject firm 
during the relevant time period.
    The petitioner further alleges that because workers of the 
International Paper, Augusta, Maine were granted certification in 
December of 2003, workers of the subject firm should be also eligible 
for TAA.
    A review of the case concerning International Paper, Augusta, Maine 
(TA-W-53,534) revealed that the displaced workers of the Augusta 
facility were engaged in activities directly related to the production 
of light-weight coated paper for the publishing industry insofar as 
they procured logs from company woodlands and provided them to an 
affiliated TAA certified International Paper, Bucksport, Maine (TA-W-
53,533).
    The current investigation did not establish any relationship 
between the production facilities and dislocated workers of the 
International Paper Company, Atlantic Region Forest Division, 
Georgetown, South Carolina.

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 13th day of July, 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-16771 Filed 7-22-04; 8:45 am]
BILLING CODE 4510-30-P