[Federal Register: September 16, 2004 (Volume 69, Number 179)]
[Notices]               
[Page 55840]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se04-95]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-54,620]

 
NVF Company Fabrication Division Wilmington, DE; Notice of 
Negative Determination on Reconsideration

    On August 9, 2004, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The Department's notice was 
published in the Federal Register on August 17, 2004 (69 FR 51106). 
Workers produce insulating materials and breaking systems and are not 
separately identifiable by product line.
    The Department denied Trade Adjustment Assistance (TAA) and 
Alternate Trade Adjustment Assistance (ATAA) to workers of the subject 
firm because there were neither increased imports nor shifts of 
production of either insulating materials or braking systems during 
2002, 2003, or January-February 2004.
    In the request for reconsideration, the petitioner alleges that the 
subject facility is a ``downstream (Fabricating) plant'' and infers 
that the subject worker group should be eligible to apply for TAA 
because they fabricate articles from material produced at two 
affiliated plants: NVF Company, Yorklyn, Delaware and NVF Company, 
Kennett Square, Pennsylvania (TA-W-53,878 and TA-W-53,878A, signed 
February 3, 2004).
    NVF Company, Yorklyn, Delaware produced vulcanized fiber. NVF 
Company, Kennett Square, Pennsylvania produced high-pressure laminates. 
Both products are made with asbestos produced at each location.
    As a result of the reconsideration investigation, it was determined 
that the subject firm is not a downstream producer (a firm that 
performs additional, value-added production processes such as assembly 
or finishing) to a firm or subdivision that employed a group of workers 
who received TAA certification and that production at the subject 
facility is not related to the articles that was the basis for the 
certification.
    The reconsideration investigation revealed that the subject worker 
group performed no additional, value-added production processes on the 
vulcanized rubber and high-pressure laminates produced at the sister 
plants. Rather, the subject facility uses the asbestos produced at the 
sister facilities as a raw material for the insulation and braking 
systems made by the subject, worker group.
    Further, even if the subject facility was considered a downstream 
producer, the subject worker group would not be eligible for TAA 
certification because the insulation and braking systems produced at 
the subject facility are unrelated and significantly different from the 
vulcanized rubber and high-pressure laminates produced at the sister 
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 9th day of September, 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-20866 Filed 9-15-04; 8:45 am]

BILLING CODE 4510-30-M