[Federal Register: February 24, 2004 (Volume 69, Number 36)]
[Notices]               
[Page 8492]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe04-133]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-52,705]

 
Trojan Steel Company, Charleston, West Virginia; Notice of 
Negative Determination on Reconsideration

    On January 6, 2004, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The notice was published in the 
Federal Register on January 26, 2004 (69 FR 3606).
    The Department initially denied TAA to workers of Trojan Steel 
Company, Charleston, West Virginia because the ``upstream supplier'' 
group eligibility requirement of section 222(b) of the Trade Act of 
1974, as amended, was not met. The ``upstream supplier'' requirement is 
fulfilled when the workers' firm (or subdivision) is a supplier to a 
firm that employed a group of workers who received a certification of 
eligibility to apply for trade adjustment assistance benefits and such 
supply or production is related to the article that was the basis for 
such certification. The TAA certified firm must also constitute 20 
percent of subject firm sales or the loss of business from this 
certified firm must contribute importantly to layoffs at the subject 
firm.
    The workers of Trojan Steel Company, Charleston, West Virginia did 
not supply significant quantities of steel to the trade certified firm 
listed in the petition during the period under investigation.
    In the request for reconsideration, the petitioner supplied an 
extended list of customers ``from the last five years'', alleging that 
an investigation of these additional customers would prove that the 
subject firm was eligible under secondary impact.
    The Department reviewed all of these firms and found that none of 
the worker groups employed by these firms were certified for TAA.

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 4th day of February, 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-3932 Filed 2-23-04; 8:45 am]

BILLING CODE 4510-30-P