[Federal Register Volume 69, Number 153 (Tuesday, August 10, 2004)]
[Notices]
[Pages 48528-48529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18234]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-54,403]


Missota Paper Company, LLC, Brainerd, MN; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of June 23, 2004, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on April 7, 2004, and 
published in the Federal Register on May 24, 2004 (69 FR 29575).
    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 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The petition for the workers of Missota Paper Company LLC, 
Brainerd, Minnesota was denied because the ``contributed importantly'' 
group eligibility requirement of Section 222 of the Trade Act of 1974, 
as amended, was not met. The ``contributed importantly'' test is 
generally demonstrated through a survey of the workers' firm's 
customers. The survey revealed no increase of imports of uncoated free 
sheet paper during the relevant period. The subject firm did not import 
uncoated free sheet paper in the relevant period nor did it shift 
production to a foreign country.
    The petitioner refers to the subject firm's competitor, SAAPI-
Cloquet, which also filed a petition for TAA and was certified on 
February 25, 2004. The petitioner states that SAAPI-Cloquet recently 
shifted production from coated

[[Page 48529]]

paper to uncoated paper, thus workers of the subject firm and workers 
of SAAPI-Cloquet share the same global market for paper. The petitioner 
further alleges that because workers of SAAPI-Cloquet were certified 
eligible for TAA, workers of the subject firm should also be eligible.
    A review of competitors is not relevant to an investigation 
concerning import impact on workers applying for trade adjustment 
assistance. The review of both cases revealed that workers of Missota 
Paper Company LLC, Brainerd, Minnesota and SAAPI-Cloquet LLC are 
engaged in the production of paper; however, they do not share the same 
customer base and have no affiliation with each other. Moreover, the 
certification of SAAPI-Cloquet LLC, Cloquet, Minnesota refers to the 
production of fine paper and pulp, while workers of the subject firm 
are engaged in the production of uncoated paper. As noted above, the 
``contributed importantly'' test is generally demonstrated through a 
survey of customers of the workers' firm to examine the direct impact 
on a specific firm. While customers of SAAPI-Cloquet LLC, Cloquet, 
Minnesota reported an increase in imports of fine paper and pulp during 
the relevant period, no imports were evidenced during the survey of 
subject firm's customers.

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 29th day of July, 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-18234 Filed 8-9-04; 8:45 am]
BILLING CODE 4510-30-P