[Federal Register Volume 71, Number 87 (Friday, May 5, 2006)]
[Notices]
[Pages 26564-26565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6815]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-58,037]


Cabot Corporation, Supermetals Division, Boyertown, PA; Notice of 
Negative Determination on Remand

    The United States Court of International Trade (USCIT) granted the 
Secretary of Labor's motion for a voluntary remand for further 
investigation in Former Employees of Cabot Corporation, Supermetals 
Division, Boyertown, Pennsylvania v. Elaine Chao, U.S. Secretary of 
Labor, No. 05-00674.
    The Department's initial denial for the workers of Cabot 
Corporation, Supermetals Division, Boyertown, Pennsylvania (hereafter 
``Cabot''), issued on November 14, 2005 and published in the Federal 
Register on December 6, 2005 (70 FR 72655), was based on the finding 
that ``contributed importantly'' group eligibility requirement of 
Section 222 of the Trade Act of 1974, as amended, was not met, nor was 
there a shift in production from that firm to a foreign country. The 
``contributed importantly'' test is generally demonstrated through a 
survey of the workers' firm's customers. The survey revealed no imports 
of tantalum powder during the relevant period. The subject firm did not 
import tantalum powder nor did it shift production to a foreign country 
during the relevant period.
    On December 8, 2005, the petitioner requested administrative 
reconsideration, asserting that the decline in tantalum powder 
production at the subject firm was a result of the subject company 
purchasing the ``same items from European companies'', subject firm's 
``take or pay'' contracts, and foreign competition.
    On January 5, 2006, the Department issued a Dismissal of 
Application for Reconsideration, published in the Federal Register on 
January 17, 2006 (71 FR 2566), stating that the application did not 
contain new information supporting a conclusion that the determination 
was erroneous, and also did not provide a justification for 
reconsideration of the determination that was based on either mistaken 
facts or a misinterpretation of facts or of the law.
    After the petitioner sought review by the USCIT, the Department 
requested a voluntary remand since the petitioner requested that the 
Department conduct a further investigation of whether there was an 
increase of imports of tantalum powder during the relevant time period. 
The review of the initial investigation revealed that the confidential 
data request received from the subject firm during the initial 
investigation refers to ``tantalum'' as a product manufactured by the 
subject firm during the relevant time period. The Department contacted 
the subject company official to verify the exact products manufactured 
by the subject firm during the relevant time period. The company 
official reported that ``tantalum powder and tantalum wire'' were 
products manufactured by the subject firm during the relevant time 
period. Consequently, the Department conducted an investigation to 
determine if the workers were impacted by imports of ``tantalum powder 
and tantalum wire'' or a shift in production abroad occurred during the 
relevant period. The investigation revealed that the subject firm did 
not import ``tantalum powder and tantalum wire'', nor did it shift 
production of ``tantalum powder and tantalum wire'' to a foreign 
country. The investigation further revealed that all declines in sales 
and production of tantalum powder and tantalum wire at the subject firm 
are attributed to a loss in foreign market sales.
    The subject firm provided two major declining customers, one a 
foreign company and another which appeared to be a domestic company. 
The Department conducted a customer survey with the major declining 
customer. The investigation revealed that the domestic customer 
purchases of tantalum powder and tantalum wire from the subject firm 
was for the purpose of exporting these products to its foreign 
manufacturing facilities. This customer does not import tantalum powder 
and tantalum wire into the

[[Page 26565]]

United States and it uses all of tantalum products in production 
abroad.

Conclusion

    After reconsideration on remand, I affirm the original notice of 
negative determination of eligibility to apply for adjustment 
assistance for workers and former workers of Cabot Corporation, 
Supermetals Division, Boyertown, Pennsylvania.

    Signed at Washington, DC, this 21st day of April, 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E6-6815 Filed 5-4-06; 8:45 am]
BILLING CODE 4510-30-P