[Federal Register Volume 71, Number 199 (Monday, October 16, 2006)]
[Notices]
[Pages 60763-60764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17105]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-59,463]


Ash Grove Cement Company Rivergate Lime Plant; Portland, OR; 
Notice of Negative Determination on Reconsideration

    On August 7, 2006, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Ash Grove Cement Company, Rivergate Lime Plant, 
Portland, Oregon (subject firm). The Department's Notice of Affirmative 
Determination was published in the Federal Register on September 26, 
2006 (71 FR 56169). Although the petition states that the subject firm 
produces calcium oxide, the investigation revealed that ground 
limestone, ground dolomite, and calcium hydroxide are produced as well 
as calcium oxide. The subject workers are not separately identifiable 
by product line. The petitioner (the subject firm) requested that the 
Department consider TA-W-59,463 as both a primary and secondary 
petition.
    The petition for the workers of the subject firm was denied because 
there was no shift of production and 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 increased imports by either the subject 
firm or its customers of those articles produced by the subject worker 
group.
    The investigation revealed that although calcium oxide production 
had ceased, there was no shift of production from the subject facility 
to a country that is party to a free trade agreement with the United 
States, or a country that is named as a beneficiary under the Andean 
Trade Preference Act, the African Growth and Opportunity Act or the 
Caribbean Basin Economic Recovery Act. The investigation also revealed 
that neither the subject firm nor its customers increased imports of 
calcium oxide during the relevant period.
    Because the determination did not state whether the subject worker 
group is eligible for TAA as workers of a secondarily-affected firm, 
the Department issued the Notice of Affirmative Determination Regarding 
Application for Reconsideration.
    In the initial petition, the company official asserts that the 
subject firm supplied calcium oxide to Oregon Steel Mills (TAA 
certified on May 9, 2003; TA-W-50,706). In the request for 
reconsideration, the company official stated that ``calcium oxide 
produced at the plant is sold for a variety of end uses but is 
primarily used in the iron and steel making industry.'' The company 
official also asserts that the closure of Oregon Steel Mills, Portland, 
Oregon in May 2003 (one of two major customers) and the subject firm's 
inability to secure another high-volume customer led to the closure of 
the calcium oxide line and the workers' separations.
    During the reconsideration investigation, the company official 
confirmed that calcium oxide production ceased at the subject facility 
on May 31, 2006. Calcium oxide constituted a meaningful portion of 
production at the subject facility.
    During the reconsideration investigation, the company official 
provided new information that indicated that there are several major 
declining calcium oxide customers during the relevant period. In 
response to this new information, the Department carefully reviewed 
previously-submitted information and conducted a new survey to 
determine whether these customers had increased import purchases of 
calcium oxide while declining their purchases from the subject firm 
during the relevant period. The reconsideration investigation revealed 
no increased imports of calcium oxide by these customers.
    For certification on the basis of the workers' firm being a 
secondary upstream supplier, the subject firm must have customers that 
are TAA certified during the relevant period and the TAA certified 
customers must represent a significant portion of subject firm's 
business during the relevant period. In addition, the subject firm 
would have to produce a component part of the product that was the 
basis for the customers' certification.
    Because the TAA certification for Oregon Steel Mills, Portland, 
Oregon

[[Page 60764]]

had expired on May 9, 2005, that customer cannot be a basis for 
certification of the subject firm as an affected secondary upstream 
supplier. Further, since Oregon Steel Mills, Portland, Oregon ceased 
production in May 2003, that customer cannot have represented a 
significant portion of the subject firm's business during the relevant 
period. As such, the subject workers are not eligible for TAA under 
secondary impact.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the subject worker group must be certified eligible 
to apply for TAA. Since the subject workers are denied eligibility to 
apply for TAA, the workers cannot be certified eligible for ATAA.

Conclusion

    After careful reconsideration, I affirm the original notice of 
negative determination of eligibility to apply for worker adjustment 
assistance for workers and former workers of Ash Grove Cement Company, 
Rivergate Lime Plant, Portland, Oregon.

    Signed at Washington, DC, this 28th day of September, 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-17105 Filed 10-13-06; 8:45 am]
BILLING CODE 4510-30-P