DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,472

SHARON TUBE COMPANY
SHARON, PENNSYLVANIA

Notice of Negative Determination
Regarding Application for Reconsideration

By application of March 3, 2003, the United Steelworkers of
America, Local 1355, requested administrative reconsideration of
the Department's negative determination regarding eligibility to
apply for Trade Adjustment Assistance (TAA), applicable to
workers and former workers of the subject firm. The denial
notice was signed on January 15, 2003, and published in the
Federal Register on February 6, 2003(68 FR 6211).
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 petition for the workers of Sharon Tube Company, Sharon,
Pennsylvania was denied because criterion (2) was not met.
Production of steel pipe and tubing at the subject plant
increased from 2001 to 2002.
In the request for reconsideration, the union alleged that
there was no production at the subject facility during the
relevant period.
When contacted for clarification in regard to this
allegation, the union official specified that there were two
weeks in December of 2002 during which the plant was temporarily
shutdown.
A temporary shut down has no bearing on the failure of the
petitioning worker group to meet criterion (2) of the group
eligibility requirements for trade adjustment assistance.
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 21st day of April, 2003
/s/ Elliott S. Kushner
__________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance