[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Notices]
[Page 28661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12254]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-70,601]


Ceda-Pine Veneer, Inc., a Subsidiary of Excaliber, Inc., 
Sandpoint, ID; Notice of Negative Determination Regarding Application 
for Reconsideration

    By application dated March 10, 2010, 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 negative determination was signed on December 17, 
2009. The Department's Notice of negative determination was published 
in the Federal Register on February 16, 2010 (75 FR 7034).
    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 negative determination of the TAA petition filed on behalf of 
workers at Ceda-Pine Veneer, Inc., Sandpoint, Idaho, was based on the 
finding that there was no increase of imports by the workers' firm or 
its customer and no shift/acquisition by the workers' firm; nor did the 
workers produce an article or supply a service that was used by a firm 
with TAA-certified workers in the production of an article or supply of 
a service that was the basis for TAA-certification.
    In the request for reconsideration, the petitioner stated that the 
workers should be eligible to apply for TAA because of the importation 
from Canada of boards whose production is subsidized by the Canadian 
government and that similarly-situated workers (workers at mills 
producing similar products in the same part of the country) are 
eligible to apply for TAA, specifically Welco, LLC, Naples, Idaho (TA-
W-72,655, certified on January 25, 2010).
    The basis for certification of TA-W-72,655 was increased imports by 
the major declining customers of Welco, LLC. The increase in imports 
was revealed by a customer survey conducted by the Department.
    In the case at hand, however, the survey of the major declining 
customers of the subject firm regarding their purchases of veneer and 
lumber boards revealed no increase imports nor any increased reliance 
on imports on the part of the subject firm's customers during the 
relevant time period.
    The petitioner did not supply facts not previously considered, nor 
provide additional documentation indicating that there was either (1) a 
mistake in the determination of facts not previously considered or (2) 
a misinterpretation of facts or of the law justifying reconsideration 
of the initial determination.
    After careful review of the request for reconsideration, the 
Department determines that 29 CFR 90.18(c) has not been met.

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 12th day of May, 2010.
Del Min Amy Chen,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-12254 Filed 5-20-10; 8:45 am]
BILLING CODE 4510-FN-P