DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,183
AND
NAFTA-05987

ALCOA LEBANON WORKS
A DIVISION OF ALCOA, INC.
LEBANON, PENNSYLVANIA

Notice of Negative Determination
Regarding Application for Reconsideration

By application of August 9, 2002 and August 10, 2002
(postmark dates), the petitioners 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) under
petition TA-W-41,183 and North American Free Trade Agreement-
Transitional Adjustment Assistance (NAFTA-TAA) under petition
NAFTA-5987. The TAA and NAFTA-TAA denial notices applicable to
workers of Alcoa Lebanon Works, A Division of Alcoa, Inc.,
Lebanon, Pennsylvania were signed on July 5, 2002 and published
in the Federal Register on July 22, 2002 (67 FR 47861 and 47682,
respectively).
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 TAA petition, filed on behalf of workers at Alcoa
Lebanon Works, A Division of Alcoa, Inc., Lebanon, Pennsylvania,
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 "contributed importantly"
test is generally demonstrated through a survey of the workers'
firm's customers. The survey revealed that the customers did not
increase their imports of light gauge steel products and foil
products, while decreasing their purchases from the subject firm
during the relevant period. The workers produced light gauge
steel products and foil products.
The NAFTA-TAA petition for the same worker group was denied
because criteria (3) and (4) of the group eligibility
requirements in paragraph (a)(1) of Section 250 of the Trade Act,
as amended, were not met. There was no shift in production from
the workers' firm to Mexico or Canada during the relevant period.
Imports from Canada or Mexico did not contribute importantly to
worker separations.


The petitioners believe that the Department of Labor
examined the incorrect product(s) produced by the subject firm.
The petitioner states that they did not produce light gauge
steel, but produced aluminum products.

A review of the data supplied by the company indicates that
the firm produced light gauge aluminum sheet and foil products.
The Department of Labor erred in the initial decision by
referring to the products produced by the subject plant as light
gauge steel and foil products. A review of the initial data
supplied by the company and further analysis of the customer
survey show that the Department investigated the correct products
(light gauge aluminum sheet and foil products) produced by the
Alcoa Lebanon Works plant.
The petitioner's also believe that the decisions should be
based on steel production, exports and imports.
Imported steel into the United States is not relevant to the
TAA and NAFTA investigations that were filed on behalf of workers
producing light gauge aluminum sheet products and foil products.
The product imported must be "like or directly" competitive with
what the subject firm produced and the imports must "contribute
importantly" to the layoffs at the subject plant to meet the
eligibility requirements for adjustment assistance under Section
223 of the Trade Act of 1974.








Conclusion
After review of the application and investigative findings,
I conclude that there has been no misinterpretation of the law or
of the facts which would justify reconsideration of the
Department of labor's prior decisions. Accordingly, the
application is denied.

Signed at Washington, D.C., this 9th day of January, 2003.
/s/ Edward A. Tomchick
_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance