[Federal Register: June 15, 2004 (Volume 69, Number 114)]
[Notices]               
[Page 33423]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn04-87]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-54,183]

 
Northland Cranberries, Inc., Jackson Plant, Jackson, Wisconsin; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By application of April 21, 2004, a petitioner 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). The 
denial notice was signed on March 17, 2004, and published in the 
Federal Register on April 6, 2004 (69 FR 18109).
    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 TAA petition, filed on behalf of workers at Northland 
Cranberries, Inc., Jackson Plant, Jackson, Wisconsin, was denied 
because the ``contributed importantly'' group eligibility requirement 
of section 222 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 Department conducted a 
survey of the entities to which the subject facility submitted bids for 
bottled juice products in 2002, 2003 and January 2004. This survey 
revealed no bids of bottled juice products awarded to foreign entities 
during the relevant period. The subject firm did not increase its 
reliance on imports of bottled juice products during the relevant 
period.
    The request for reconsideration alleges that the company was 
importing raw materials.
    The foreign sourcing of raw materials is not a factor in 
determining the import impact of the finished product. In assessing 
import impact in connection with petitioning worker eligibility for 
TAA, the Department considers data regarding imports that are like or 
directly competitive with those produced at the subject firm.
    The petitioner further alleges that two major customers of the 
subject firm ``pulled out'' of Northland Cranberries, Inc. to use other 
companies including foreign bottling facilities.
    The Department conducted a survey of the additional customers 
provided by the petitioner in the request for reconsideration. These 
customers reported no imports of like or directly competitive products 
with those manufactured by the subject firm during the relevant period. 
The surveyed customers further stated that all bottling of juices 
previously done for them by the subject firm was shifted to other 
domestic facilities.

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 4th day of June, 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-13385 Filed 6-14-04; 8:45 am]

BILLING CODE 4510-30-P