DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,343

SPECIALTY MINERALS (MICHIGAN), INC.
PLAINWELL, MICHIGAN

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 mis-
interpretation 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.
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, D.C. this 14th day of June 2002.

/s/ Edward A. Tomchick

EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance