DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,855

QUEBCOR WORLD KINGSPORT, INC.
KINGSPORT, TENNESSEE

TA-W-40,855A

QUEBCOR WORLD HAWKINS
KINGSPORT 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, D.C., this 20th day of December 2002
/s/ Edward A. Tomchick

__________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance