[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74769-74770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29313]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-85,505]


Red Shield Acquisition, D/B/A Old Town Fuel and Fiber, Old Town, 
Maine; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated October 3, 2014, United Steelworkers, Local 4-
0080 (USW) requested administrative reconsideration of the Department 
of Labor's negative determination regarding eligibility to apply for 
worker adjustment assistance, applicable to workers and former workers 
of Red Shield Acquisition, d/b/a Old Town Fuel and Fiber, Old Town, 
Maine (subject firm). The determination was signed on September 23, 
2014, and the Department's Notice of Determination was published in the 
Federal Register on October 21, 2014 (79 FR 62971). The subject firm is 
engaged in the production of bleached hardwood kraft pulp.
    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 mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The negative determination was based on the Department's findings 
that the subject firm did not shift the production of articles like or 
directly competitive with bleached hardwood kraft pulp to a foreign 
country; that imports of articles like or directly competitive with the 
bleached hardwood kraft pulp did not contribute importantly to the 
workers' separation or threat of separation and to the decline in sales 
or production of the firm; and that the subject firm is not a Supplier 
or Downstream Producer to a firm that employed a group of workers who 
received a certification of eligibility under Section 222(a) of the 
Act, 19 U.S.C. 2272(a). During the investigation, the Department 
reviewed import data from the subject firm and its major declining 
customers, and within the industry.
    In the request for reconsideration, USW asserts that the majority 
of the kraft pulp market is produced in foreign countries and that two 
of the subject firm's major customers use foreign-made pulp in their 
paper and tissue production process.
    The request for reconsideration did not supply facts not previously 
considered; nor provide additional documentation indicating that there 
was either (1) a mistake in the determination of facts not previously 
considered or (2) a misinterpretation of facts or of the law justifying 
reconsideration of the initial determination. Based on these findings, 
the Department determines that 29 CFR 90.18(c) has not been met.

Conclusion

    After careful 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.


[[Page 74770]]


    Signed in Washington, DC, this 9th day of December, 2014.
Michael W. Jaffe
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-29313 Filed 12-15-14; 8:45 am]
BILLING CODE 4510-FN-P