[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Notices]
[Page 60432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2548]



[[Page 60432]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-55,340]


Ripplewood Phosporous U.S., LLC, Formerly Akzo Nobel Functional 
Chemical LLC, Gallipolis Ferry, WV; Notice of Negative Determination 
Regarding Application for Reconsideration

    By application dated September 2, 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) and 
Alternative Trade Adjustment Assistance (ATAA). The negative 
determination applicable to workers of Ripplewood Phosphorous U.S., 
LLC, Formerly Akzo Nobel Functional Chemical LLC, Gallipolis Ferry, 
West Virginia was issued on August 6, 2004. The Notice of determination 
was published in the Federal Register on August 20, 2004 (69 FR 51715).
    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 subject company produces flame-retardant chemicals, including 
Fyrol PCF, Fyrol FR-2, Fyroflex RDP, Fyroflex BDP, Phosphorus 
Trichloride, Phosphorous Oxychloride, Phosflex 4, Phosflex TBEP and 
Fyrol CEF. The workers are not separately identifiable by product line.
    The TAA/ATAA petition was denied because during the relevant time 
period, subject company sales and production increased and the subject 
company did not shift production abroad.
    In the request for reconsideration, the petitioner agrees that 
subject company sales and production increased during the relevant time 
period but contends that the increased sales were due to increased 
imports and infers that the increased imports were the cause of worker 
separations. Further, the petitioner contends that the Department 
should investigate imports of phosphorous, a raw material for 
phosphorus trichloride.
    According to the petitioner, phosphorus trichloride ``was the base 
product for the facility; which was used in 80% of all the 
manufacturing products.'' The company confirmed that phosphorous was 
imported to make phosphorus trichloride and that phosphorus trichloride 
was, in turn, used to make the other flame-retardant chemicals. The 
company also stated that although some phosphorus trichloride was sold 
to customers, the company did not sell any phosphorus.
    Increased company imports of article(s) produced at the subject 
facility could be a basis for TAA certification when there are 
decreased company sales and/or production and worker separations during 
the relevant period. However, increased imports of raw material used in 
production of articles produced at the subject facility cannot be the 
basis for TAA certification, since the workers do not produce that 
article. Thus, alleged import increases of a raw material (phosphorous) 
cannot be a basis for TAA certification for the subject worker group.

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 21st day of September, 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E4-2548 Filed 10-7-04; 8:45 am]
BILLING CODE 4510-30-P