[Federal Register Volume 71, Number 111 (Friday, June 9, 2006)]
[Notices]
[Pages 33486-33487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9009]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-58,540]


Cytech Hardwoods, Inc., Amsterdam, NY; Notice of Negative 
Determination on Reconsideration

    On March 17, 2006, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The Department's Notice of 
determination was published in the Federal Register on March 29, 2006 
(71 FR 15766). Workers produce hardwood lumber and hardwood flooring 
and are not separately identifiable by product line.
    The initial negative determination was issued because the 
``contributed importantly'' group eligibility requirement of Section 
222 of the Trade Act of 1974, as amended, was not met. The 
investigation revealed that the subject firm did not shift production 
abroad and neither the subject firm nor any of the major declining 
customers increased their imports of hardwood lumber during the 
relevant period. The subject firm ceased production in December 2005.
    In the request for reconsideration, the company official stated 
that the subject firm's customers are ``importing finished goods * * *. 
therefore, they no longer purchase domestic lumber to support finished 
goods.''
    Since the initial investigation did not address the issue of 
hardwood flooring imports, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm.
    In order to establish import impact, the Department must consider 
imports that are like or directly competitive with those produced at 
the subject firm. As such, the Department conducted another survey of 
the customers of their purchases of hardwood lumber and hardwood 
flooring. The expanded survey revealed no imports of either product 
during the relevant period.
    Based on the company official's allegation in the request for 
reconsideration, the Department investigated whether the workers of the 
subject firm are eligible for Trade Adjustment Assistance (TAA) based 
on the secondary upstream supplier impact. For certification on the 
basis of the workers' firm being an upstream supplier, the subject firm 
must have customers that are TAA certified, and these TAA certified 
customers must

[[Page 33487]]

represent a significant portion of subject firm's business. In 
addition, the subject firm would have to produce a component part of 
the product that was the basis for the customers' certification.
    A search of the TAA database revealed that, for the relevant 
period, none of the subject firm's major declining customers are TAA 
certified. As such, the subject worker group is not eligible for TAA 
under secondary impact.
    In order for the Department to issue a certification of eligibility 
to apply for Alternative Trade Adjustment Assistance (ATAA), the worker 
group must be certified eligible to apply for TAA. Since the workers 
are denied eligibility to apply for TAA, the workers cannot be 
certified eligible for ATAA.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
and alternative trade adjustment assistance for workers and former 
workers of CyTech Hardwood, Inc., Amsterdam, New York.

    Signed at Washington, DC, this 31st day of May 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance Assistance.
[FR Doc. E6-9009 Filed 6-8-06; 8:45 am]
BILLING CODE 4510-30-P