[Federal Register Volume 73, Number 26 (Thursday, February 7, 2008)]
[Notices]
[Pages 7322-7323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2238]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,207]


Diaz Intermediates Corporation, Brockport, NY; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated December 28, 2007, a company official 
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 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 investigation revealed that workers of the subject firm were in 
support of production of brominated chemical intermediates at Diaz 
Intermediates Corporation, West Memphis, Arkansas. 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 imports of 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, and that 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 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

[[Page 7323]]

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. E8-2238 Filed 2-6-08; 8:45 am]
BILLING CODE 4510-FN-P