[Federal Register Volume 73, Number 26 (Thursday, February 7, 2008)]
[Notices]
[Page 7322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2237]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,189]


Diaz Intermediates Corporation, West Memphis, AR; Notice of 
Negative Determination Regarding Application for Reconsideration

    By letter dated December 28, 2007, a company official requested 
administrative reconsideration regarding the Department's Negative 
Determination Regarding Eligibility to Apply for Worker Adjustment 
Assistance, applicable to the workers of the subject firm. The denial 
notice was signed on November 28, 2007 and published in the Federal 
Register on December 11, 2007 (72 FR 70346).
    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 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The initial investigation resulted in a negative determination 
which was based on the finding that imports of brominated chemical 
intermediates (i.e. bromobenzene, m-bromoanisole, n-propyl bromide, and 
other organics) did not contribute importantly to worker separations at 
the subject plant and no shift of production to a foreign source 
occurred. The ``contributed importantly'' test is generally 
demonstrated through a survey of the workers' firm's declining 
customers. The survey revealed customers did not purchase imported 
brominated chemical intermediates during the relevant period. The 
subject firm did not import brominated chemical intermediates and no 
shifted in production of brominated chemical intermediates to a foreign 
country occurred.
    The petitioner stated that most of the subject firm's sales were 
for export, however, there were losses in sales to domestic customers. 
The petitioner provided the name of a customer which ceased purchases 
from the subject firm in 2005 and at the same time started importing 
products like or directly competitive with brominated chemical 
intermediates produced by the subject firm.
    When assessing eligibility for Trade Adjustment Assistance (TAA), 
the Department exclusively considers import impact during the relevant 
time period (one year prior to the date of the petition). The 
Department surveyed customers of the subject firm regarding their 
purchases of brominated chemical intermediates during the relevant 
period. The survey revealed no imports of brominated chemical 
intermediates during the relevant 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 30th day of January 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-2237 Filed 2-6-08; 8:45 am]
BILLING CODE 4510-FN-P