Specialty Minerals, Inc., Franklin, VA; Notice of Negative Determination Regarding Application for Reconsideration, 52989-52990 [2010-21392]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Notices]
[Pages 52989-52990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21392]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-74,057]


Specialty Minerals, Inc., Franklin, VA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By applications dated July 9, 2010 and July 16, 2010 (filed by a 
company official and a worker, respectively), administrative 
reconsideration of the negative determination regarding workers' 
eligibility to apply for Trade Adjustment Assistance (TAA) applicable 
to workers and former workers of the subject firm was requested. The 
determination was issued on June 18, 2010. The Department's Notice of 
determination was published in the Federal Register on July 1, 2010 (75 
FR 38142). The workers produced precipitated calcium carbonate used in 
the production of paper.
    Pursuant to 29 CFR 90.18(c), reconsideration may be granted under 
the following circumstances:

[[Page 52990]]

    (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 negative determination of the TAA petition filed on behalf of 
workers at Specialty Chemicals, Inc., Franklin, Virginia, was based on 
the finding that there was no shift/acquisition of production of 
precipitated calcium carbonate from the subject firm to a foreign 
country; nor was there any increase in imports of articles like or 
directly competitive with precipitated calcium carbonate produced at 
the subject facility; nor was the component part produced by the 
subject firm (precipitated calcium carbonate) directly incorporated 
into a firm's production of an article that was the basis of a primary 
TAA certification.
    The company official's request for reconsideration stated that the 
workers of the subject firm should be eligible for TAA because ``our 
customer, International Paper (IP) Franklin, Virginia is certified as a 
Primary Producer (see TA-W-70,243). The date of the certification is 
still within the relevant period for the separations for which benefits 
are sought.'' The company official asserts that workers of the subject 
firm are eligible to apply for TAA as adversely affected secondary 
workers.
    The initial investigation revealed that there are two International 
Paper Company facilities in Franklin, Virginia, that employed workers 
who are eligible to apply for TAA. Workers at International Paper 
Company (Lumber Plant) Franklin, Virginia were certified as adversely 
affected primary workers (TA-W-70,243) and workers at International 
Paper Company, Franklin Pulp and Paper Mill, Franklin, Virginia were 
certified as adversely affected secondary workers (TA-W-72,764).
    The Department believes that the company official misidentified the 
petition number of International Paper Company, Franklin Pulp and Paper 
Mill, Franklin, Virginia because, during the initial investigation, the 
company official confirmed that precipitated calcium carbonate was 
incorporated into the paper produced by International Paper Company, 
Franklin Pulp and Paper Mill, Franklin, Virginia and International 
Paper Company confirmed that the subject firm supplied precipitated 
calcium carbonate to International Paper Company, Franklin Pulp and 
Paper Mill, Franklin, Virginia.
    The worker's request for reconsideration stated that the subject 
firm is a ``supplier/downstream producer'' to ``International Paper'' 
and ``closed down as a direct result of what happened at the Franklin 
paper mill.'' The Department determines that International Paper 
Company, Franklin Pulp and Paper Mill, Franklin, Virginia is the 
``Franklin paper mill.''
    Section 222(c) of the Trade Act of 1974, as amended, states that 
adversely affected secondary workers must be employed by a firm that is 
a supplier to a firm that employed a worker group who are adversely 
affected primary workers. Therefore, the supply of precipitated calcium 
carbonate to International Paper Company, Franklin Pulp and Paper Mill, 
Franklin, Virginia cannot be a basis for certification for workers of 
the subject firm.
    The petitioners did not supply facts not previously considered nor 
provide additional documentation indicating that there was either (1) a 
mistake in the determination of facts not previously considered or (2) 
a misinterpretation of facts or of the law justifying reconsideration 
of the initial determination.
    After careful review of the request for reconsideration, the 
Department determines that 29 CFR 90.18(c) has not been met.

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 in Washington, DC, this 19th day of August, 2010.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2010-21392 Filed 8-27-10; 8:45 am]
BILLING CODE 4510-FN-P