[Federal Register Volume 62, Number 98 (Wednesday, May 21, 1997)] [Notices] [Pages 27779-27780] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-13350] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration [TA-W-33,024] Eagle Nest, Incorporated, Van, West Virginia; Notice of Negative Determination Regarding Application for Reconsideration By application dated February 19, 1997, one of the petitioners requested administrative reconsideration of the Department's negative determination regarding worker eligibility to apply for trade adjustment assistance. The denial notice applicable to workers of the subject firm located in Johnstown, Pennsylvania, was signed on January 31, 1997 and published in the Federal Register on February 13, 1997 (62 FR 6805). 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. Findings of the initial investigation showed that workers of Eagle Nest, Incorporated, Mine Department located in Van, West Virginia produced coal. The Department's denial of TAA for workers of the subject firm was based on the fact ``that the contributed importantly'' test of the Group Eligibility requirements of Section 222 of the Trade Act of 1974 was not met. The Department of Labor surveyed the major declining customers of the subject firm regarding their purchases of coal. The respondents reported no imports in the relevant period. [[Page 27780]] The investigation also revealed that the closing of the facility and separation of the workers was because the company was sold on August 31, 1996. On reconsideration the Department learned that the petition was intended to be filed on behalf of workers at the mine site which was located in Van, West Virginia. The Johnstown, Pennsylvania location of Eagle Nest, Incorporated is an administrative office. In order to determine worker eligibility, the Department must examine imports of products like or directly competitive with those articles produced at the Van, West Virginia mine. In this case, the product produced at Van was metallurgical coal. The end use of the coal by the customer was for making coke and steel. Metallurgical coal cannot be considered like or directly competitive with coke and steel. The request for reconsideration claims that the Department did not consider Eagle Nest's production of steel which is being produced by the subject plant's major customer. 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, D.C. this 5th day of May 1997. Russell T. Kile, Program Manager, Policy and Reemployment Services, Office of Trade Adjustment Assistance. [FR Doc. 97-13350 Filed 5-20-97; 8:45 am] BILLING CODE 4510-30-M