[Federal Register: April 10, 2003 (Volume 68, Number 69)]
[Notices]
[Page 17675-17676]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ap03-131]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-39,380]
Spinnaker Coating Maine Incorporated, Westbrook, ME; Notice of
Revised Determination on Remand
The United States Court of International Trade (USCIT) remanded to
the Labor Department for further investigation of the negative
determination in Former Employees of Spinnaker Coating, Maine Inc. v.
U.S. Secretary of Labor (Court No. 02-00203).
The Department's initial denial of the petition for employees of
Spinnaker Coating Maine, Inc., Incorporated, Westbrook, Maine was
issued on August 23, 2001 and published in the Federal Register on
September 11, 2001 (66 FR 47242). The denial was based on the fact that
criterion (3) of the Group Eligibility Requirements of Section 222 of
the Trade Act of 1974, as amended, was not met. Imports did not
contribute importantly to worker separations at the subject firm.
On administrative reconsideration, the Department issued a ``Notice
of Negative Determination Regarding Application for Reconsideration,''
on December 26, 2001 for the employees of Spinnaker Coating Maine,
Inc., Incorporated, Westbrook, Maine. The notice was published in the
Federal Register on January 31, 2002 (66 FR 4756 and 4757). The
Department further concluded that imports did not contribute
importantly to worker separations at the subject firm.
On remand, the Department examined the results of a survey response
conducted during the initial investigation, with additional
clarification from the customer during reconsideration. The survey
showed
[[Page 17676]]
that the customer stopped buying thermal transfer paper from the
subject firm prior to the relevant period. During the same time period,
the customer increased their imports purchases of thermal transfer
paper from another domestic source, while decreasing their purchases of
Electronic Data Processing (EDP) paper from the subject firm.
Since the two products EDP and thermal transfer paper appeared to
be two different types of paper, the Department did not consider the
increased imports as impacting the subject plant. On remand, the
Department contacted a company official and followed up with an
industry expert at the United States International Trade Commission.
Both indicated that the two products were directly competitive with
each other. Therefore on further review of that survey response, the
customer increased their purchases of imported thermal transfer paper,
a product ``like or directly competitive'' with EDP during the relevant
period. The customer simultaneously reduced their purchases of EDP,
while increasing their imports of thermal transfer paper during the
relevant period.
Conclusion
After careful review of the additional facts obtained on remand, I
conclude that there were increased imports of articles like or directly
competitive with those produced by the subject firm that contributed
importantly to the worker separations and sales or production declines
at the subject facility. In accordance with the provisions of the Trade
Act, I make the following certification:
All workers of Spinnaker Coating Maine Incorporated, Westbrook,
Maine who became totally or partially separated from employment on
or after June 4, 2000, through two years from the issuance of this
revised determination, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed at Washington, DC this 10th day of March 2003.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 03-8845 Filed 4-9-03; 8:45 am]
BILLING CODE 4510-30-P