[Federal Register: May 7, 2003 (Volume 68, Number 88)]
[Notices]               
[Page 24507]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my03-132]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-50,472]

 
Sharon Tube Company, Sharon, PA; Notice of Negative Determination 
Regarding Application for Reconsideration

    By application of March 3, 2003, the United Steelworkers of 
America, Local 1355, 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 January 
15, 2003, and published in the Federal Register on February 6, 2003 (68 
FR 6211).
    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 Sharon Tube Company, Sharon, 
Pennsylvania was denied because criterion (2) was not met. Production 
of steel pipe and tubing at the subject plant increased from 2001 to 
2002.
    In the request for reconsideration, the union alleged that there 
was no production at the subject facility during the relevant period.
    When contacted for clarification in regard to this allegation, the 
union official specified that there were two weeks in December of 2002 
during which the plant was temporarily shutdown.
    A temporary shut down has no bearing on the failure of the 
petitioning worker group to meet criterion (2) of the group eligibility 
requirements for trade adjustment assistance.

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 21st day of April, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-11282 Filed 5-6-03; 8:45 am]

BILLING CODE 4510-30-P