[Federal Register: March 28, 2005 (Volume 70, Number 58)]
[Notices]               
[Page 15646-15647]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr05-68]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,753]

 
Citation Corporation, Camden, TN; Notice of Negative 
Determination on Reconsideration on Remand

    The United States Court of International Trade (USCIT) granted the 
Secretary of Labor's motion for a voluntary remand in Former Employees 
of Citation Corporation v. Elaine Chao, U.S. Secretary of Labor, Court 
No. 04-00198, on February 7, 2005. The Department of Labor (Department) 
requested the remand to clarify the basis for its denial of the Trade 
Adjustment Assistance (TAA) petition dated December 9, 2003, filed by 
the Tennessee AFL-CIO on behalf of workers of the subject firm.
    The Department terminated the investigation of TA-W-53,753 because 
no new information or change in circumstance was evident which would 
have resulted in the reversal of a previous negative determination 
applicable to the same worker group (TA-W-51,871, denied on June 16, 
2003). The Notice of Termination was issued on December 11, 2003 and 
published in the Federal Register on January 7, 2004 (69 FR 940).
    By letter dated February 5, 2004, the union representative 
requested administrative review of the Department's action regarding 
the subject worker group.
    By letter dated March 17, 2004, the Department dismissed the 
request for reconsideration. The Dismissal of Application for 
Reconsideration was issued on March 30, 2004 and published in the 
Federal Register on April 6, 2004 (69 FR 18107).
    On May 12, 2004, the Plaintiff applied to the USCIT for judicial 
review, asserting that the Department's determination regarding 
petitioners TA-W-51,871 and TA-W-53,753 were in error.
    Petitioners have sixty days from the date the Department's 
determination is published in the Federal Register to file for judicial 
review. The determination regarding TA-W-51,871 was published in the 
Federal Register on July 3, 2003 (68 FR 39976). The period to seek 
judicial review of TA-W-51,871 expired on September 1, 2003. Because 
the Plaintiff did not file an appeal with the USCIT until May 12, 2004, 
the determination regarding TA-W-51,871 is final and not subject to 
judicial review. Therefore, the issue before the USCIT is whether the 
Department's decision to terminate the investigation for TA-W-53,753 
was in error.
    A careful review of the documents reveals that both the worker 
group and the circumstance of the workers' separations in TA-W-53,753 
and TA-W-51,871 are the same. Both petitions were filed on behalf of 
the same worker group, 226 employees of Citation Corporation in Camden, 
Tennessee and the same circumstance, the closing of the plant on 
December 12, 2002.
    Since the same worker group and circumstance causing the workers' 
separation had been investigated and a final decision denying 
certification had been issued in TA-W-51,871, the termination of the 
investigation of TA-W-53,753 was proper in order to preserve 
administrative resources. Petitioners had an opportunity to timely seek 
judicial review of TA-W-51,871 and failed to do so. It would be 
inappropriate for petitioners to evade the consequences of their 
failure timely seek judicial review by merely filing an identical 
petition.

Conclusion

    After reconsideration on remand, I affirm the original notice of 
negative determination of eligibility to apply for adjustment 
assistance for workers and former workers of Citation Corporation, 
Camden, Tennessee.


[[Page 15647]]


    Signed at Washington, DC, this 9th day of March 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-1345 Filed 3-25-05; 8:45 am]

BILLING CODE 4510-30-P