ETA Federal Register Notice

Specialty Minerals (Michigan), Inc., Plainwell, MI; Notice of Negative Determination Regarding Application for Reconsideration [07/22/2002]

Volume 67, Number 140, Page 47864-47865

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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-40,343]

 
Specialty Minerals (Michigan), Inc., Plainwell, MI; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated May 13, 2002, the company 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 April 24, 2002, and 
published in the Federal Register on May 2, 2002 (67 FR 22112).
    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 petition for the workers of Specialty Minerals (Michigan), 
Inc., Plainwell, Michigan was denied because the ``contributed 
importantly'' group eligibility requirement of Section 222(3) of the 
Trade Act of 1974, as amended; was not met. The denial was based on 
evidence indicating that customers of the subject firm do not import 
precipitated calcium carbonate. The subject firm did not import 
precipitated calcium carbonate.
    The company feels that the eligibility criteria were met based on 
the fact that the subject plant existed to supply the key raw material 
(precipitated calcium carbonate) to the major customer. The company 
further states that once the customer closed down, due to imported 
paper, the subject plant no longer had a customer and as a result was 
directly impacted by imported paper closing it's primary customer.

[[Page 47865]]

    The imports of any other product by the company or customer is not 
relevant to this petition that was filed on behalf of worker(s) 
producing precipitated calcium carbonate. The products imported must be 
``like or directly competitive'' with what the subject plant produces 
to meet the eligibility requirements of section 222(3) of the Trade Act 
of 1974, as amended.

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 at Washington, DC this 14th day of June 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-18415 Filed 7-19-02; 8:45 am]
BILLING CODE 4510-30-P