DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,309

FIRESTONE TUBE COMPANY
A DIVISION OF BRIDGESTONE/FIRESTONE NORTH AMERCAN TIRE, LLC
A SUBSIDIARY OF BRIDGESTONE CORP.
RUSSELLVILLE, ARKANSAS

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated May 14, 2002, the United Steelworkers
of America, Local 884 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 18, 2002, and published in the Federal
Register on May 2, 2002 (67 FR 22114).
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 petition for the workers of Firestone Tube Company, a
division of Bridgestone/Firestone North American Tire, LLC, a
subsidiary of Bridgestone Corp., Russellville, Arkansas was
denied because criterion (2) was not met. Sales and production
at the subject firm increased during the relevant period.
The petitioner alleges that plant production declined during
the relevant period and attempts to illustrate these declines in
production by supplying plant statistics of cure sets (molds used
in the production of tubes) to attempt to show that production of
tubes at the subject plant declined during the relevant period.
A review of the initial decision shows that plant sales and
production increased from January through September 2001 over the
corresponding 2000 period. During the initial investigation the
company reported declines in plant sales and production in the
year 2000 over the 1999 period. However, due to the reported
decline in sales and production during the year 2000, although
not noted in the TAA decision, the U.S. Department of Labor
conducted a survey of the major declining customers of the
subject firm regarding their purchases of automobile inner tubes
for the 1999, 2000 and the January through November 2001 period
over the corresponding 2000 period. The survey is conducted to
test if customer imports of like or directly competitive products
as produced at the subject firm "contributed importantly" to the
worker separations of the workers' firm. None of the customers
reported importing inner tubes during the relevant period.
The United Steel Workers of America, Local 884 further
alleges that the company is importing tubes from Korea and China
to the Russellville, Arkansas plant and then sells the tubes to
customers.
Further review of company data supplied during the initial
investigation, shows that the company imported a grouping of
small tubes, most of which the plant was unable to produce. The
reported imports of these tubes were relatively stable during the
relevant period. The amount of company tube imports like or
directly competitive with what the subject firm produced was also
relatively low, therefore imports like or directly competitive
with what the subject plant produced did not contribute
importantly to the layoffs at the subject firm.
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, D.C. this 20th day of June 2002.

/s/ Edward A. Tomchick

EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance