[Federal Register Volume 72, Number 210 (Wednesday, October 31, 2007)]
[Notices]
[Pages 61689-61690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21355]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,958]


Philip Morris Products International, LLC; McKenney, VA; Notice 
of Negative Determination Regarding Application for Reconsideration

    By application postmarked October 10, 2007, the Bakery, 
Confectionery, Tobacco Workers and Grain Millers International Union, 
Local No. 358 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 August 27, 
2007 and published in the Federal Register on September 11, 2007 (72 FR 
51845).
    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 petition for the workers of Philip Morris Products 
International, LLC, McKenney, Virginia engaged in production of 
partially stemmed tobacco 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 
declining customers. The investigation revealed that all partially 
stemmed tobacco produced by the subject firm was exported to other 
countries and the subject firm had no domestic customers. The 
investigation further revealed that there was no shift in production 
from that firm to a foreign country which is a party to a Free Trade 
Agreement with the United States or a beneficiary country, nor did the 
subject firm import partially stemmed tobacco in 2005, 2006 and January 
through July 2007.
    The petitioner stated that even though the workers of the subject 
firm produced partially stemmed tobacco, Philip Morris also produces 
cigarettes and workers of the subject firm should be considered as 
workers supporting production of cigarettes. The petitioner further 
stated that the parent company of the subject firm closed cigarette 
production facilities in Cabarras, North Carolina, which would result 
in increased imports of cigarettes into the United States. The 
petitioner alleges that because of these imports of cigarettes, the 
workers of the subject firm who produce partially stemmed tobacco 
should be certified eligible for TAA.
    The Department contacted the company official for further 
clarification. The company official stated that Philip Morris Products 
International, LLC, McKenney, Virginia is an Export Processing 
Facility, which exclusively produces partially stemmed tobacco for 
export. The company official also confirmed that none of the partial 
stemmed tobacco from the subject firm was sold to any U.S. facilities 
in 2005, 2006 or 2007. The company official further stated that the 
employees of the subject firm did not support production at any 
domestic facility, including the domestic production facility in 
Cabarrus, North Carolina. The official further stated that the 
production from the subject facility is being shifted to Italy, 
Portugal, Malaysia, Russia, Greece and the Ukraine, countries which are 
not parties to a free trade agreement with the United States or 
beneficiary

[[Page 61690]]

countries. The subject firm is not increasing imports of partially 
stemmed tobacco after the shift.
    In order to establish import impact, the Department must consider 
imports that are like or directly competitive with those produced at 
the subject firm. Imports of cigarettes cannot be considered like or 
directly competitive with partially stemmed tobacco produced by Philip 
Morris Products International, LLC, McKenney, Virginia and imports of 
cigarettes are not relevant in this investigation.
    The subject firm reported no imports of partially stemmed tobacco 
and there are no domestic customers who purchase partially stemmed 
tobacco from the subject firm and who might have increased imports of 
partially stemmed tobacco during the relevant time period.

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 in Washington, DC, this 25th day of October, 2007.
 Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-21355 Filed 10-30-07; 8:45 am]
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