Quebcor World Kingsport, Inc., Kingsport, Tennessee, Quebcor World Hawkins, Kinsport Press Road, Church Hill, Tennessee; Notice of Negative Determination Regarding Application for Reconsideration [01/09/2003]
Volume 68, Number 6, Page 1207
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-40,855, TA-W-40,855A]
Quebcor World Kingsport, Inc., Kingsport, Tennessee, Quebcor
World Hawkins, Kinsport Press Road, Church Hill, Tennessee; Notice of
Negative Determination Regarding Application for Reconsideration
By application of June 5, 2002, the United Steelworkers of America,
Local 299 requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment Assistance
(TAA). The denial notice applicable to workers of Quebecor World
Kingsport, Inc., Kingsport, Tennesse (TA-W-40,855) and Quebcor World
Hawkins, Kingsport Press Road, Church Hill, Tennessee (TA-W-40,855A)
was issued on May 2, 2002, and was published in the Federal Register on
May 17, 2002 (67 FR 35143).
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 investigation findings revealed that criterion (3) of the group
eligibility requirements of section 222 of the Trade Act of 1974 was
not met. Increased imports did not contribute importantly to worker
separations at the subject firm. The preponderance in the declines in
employment at Quebcor World Hawkins, Kingsport Press Road, Church Hill,
Tennessee is the direct result of plant production being shifted to
other domestic locations and related bumping into the Quebecor World
Kingsport, Incorporated facility. The workers were engaged in
activities related to the production of books and also provided
warehouse and distribution functions.
The request for reconsideration alleges that the subject plant
workers were impacted by company work being exported to foreign
countries and then shipped back to the United States. The petitioner
attached a copy of work orders in an attempt to depict this.
The Department of Labor requested that the company verify the work
orders lost to foreign sources and the amount of business lost to
foreign sources. The company summarized the information and indicated
that the amount of the work exported and imported back to the United
States was negligible.
The petitioner further states that during February 2002, the
company shifted binding equipment (Koibus casing-in line and one Horauf
casemaker) from Quebecor World Hawkings to Bogata, Columbia.
Based on information supplied by the company, all plant production
was shifted to domestic sources. A shift in plant machinery to a
foreign source does not meet the eligibility requirements of section
223 of the Trade Act of 1974. As already indicated, company imports of
products like or directly competitive with what the subject plant
produced were negligible and thus any shifts in plant machinery to a
foreign source is irrelevant.
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 20th day of December, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 03-412 Filed 1-8-03; 8:45 am]
BILLING CODE 4510-30-P
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