C&C Smith Lumber Company, Inc., Summerhill, PA; Notice of Negative Determination Regarding Application for Reconsideration, 5084-5085 [E7-1695]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 72, Number 22 (Friday, February 2, 2007)]
[Notices]
[Pages 5084-5085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1695]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-60,197]


C&C Smith Lumber Company, Inc., Summerhill, PA; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated November 29, 2006, a company official 
requested administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade

[[Page 5085]]

Adjustment Assistance (TAA), applicable to workers and former workers 
of the subject firm. The denial notice was signed on November 2, 2006, 
and published in the Federal Register on November 22, 2006 (71 FR 
67650).
    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 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The petition for the workers of C&C Smith Lumber Company, Inc., 
Summerhill, Pennsylvania engaged in production of furniture parts was 
denied because the ``contributed importantly'' group eligibility 
requirement of Section 222 of the Trade Act of 1974, as amended, was 
not met, nor was there a shift in production from that firm to a 
foreign country. The ``contributed importantly'' test is generally 
demonstrated through a survey of the workers' firm's customers. The 
survey revealed no imports of furniture parts in 2004, 2005 and January 
through September 2006. The subject firm did not import furniture parts 
nor did they shift production to a foreign country during the relevant 
period.
    The petitioner states that the affected workers lost their jobs as 
a direct result of a loss of customers in the furniture industry. The 
petitioner alleges that major declining customers of the subject firm 
which manufacture furniture decreased purchases of various furniture 
parts and components from the C&C Smith Lumber Company, Inc., 
Summerhill, Pennsylvania because their business was in its turn 
negatively impacted by increased imports of furniture. Therefore, the 
petitioner concludes that because sales and production of furniture 
parts at the subject firm have been negatively impacted by increasing 
presence of foreign imports of furniture on the market, workers of the 
subject firm should be eligible for TAA.
    In order to establish import impact, the Department must consider 
imports that are like or directly competitive with those produced at 
the subject firm. The Department conducted a survey of the subject 
firm's major declining customers regarding their purchases of furniture 
parts and components. The survey revealed that the declining customers 
did not increase their imports of furniture parts and components during 
the relevant period.
    Imports of furniture cannot be considered like or directly 
competitive with furniture parts, such as hardwood furniture squares 
and stair parts, produced by C&C Smith Lumber Company, Inc., 
Summerhill, Pennsylvania and imports of furniture are not relevant in 
this investigation.
    Upon further review of the previous investigation and further 
contact with the company official, the Department requested an 
additional list of customers in order to conduct a fuller investigation 
to determine whether there were any imports of furniture parts and 
components during the relevant time period.
    The Department conducted a further survey of the additional 
customers regarding their purchases of furniture parts. The survey 
revealed that none of the respondents reported imports of furniture 
parts during the relevant time period.
    Moreover, the subject firm does not import furniture parts and 
components and did not shift production of furniture parts and 
components abroad.

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 day 19th of January, 2007.
Elliott S. Kushner,
Certifying Officer, Division of, Trade Adjustment Assistance.
 [FR Doc. E7-1695 Filed 2-1-07; 8:45 am]
BILLING CODE 4510-30-P