97-13350. Eagle Nest, Incorporated, Van, West Virginia; Notice of Negative Determination Regarding Application for Reconsideration

[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]


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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