[Federal Register Volume 59, Number 14 (Friday, January 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1496]
[[Page Unknown]]
[Federal Register: January 21, 1994]
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DEPARTMENT OF LABOR
[TA-W-29,033 and TA-W-29,034]
Negative Determination Regarding Application for Reconsideration
In the matter of ITT Rayonier, Grays Harbor Pulp and Lignin
Products Division, Hoquiam, WA (TA-W-29,033) and Grays Harbor Paper
Company, Hoquiam, WA (TA-W-29,034)
By an application dated November 30, 1993, the Association of
Western Pulp and Paper Workers Union requested administrative
reconsideration of the subject petition for trade adjustment
assistance. The denial notice was signed on September 29, 1993 and
published in the Federal Register on December 3, 1993 (58 FR 64007).
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 investigation findings show that ITT Rayonier's Gray Harbor
Pulp and Lignin Products plant (pulp plant) and the Grays Harbor Paper
Company (paper plant) closed in January, 1993. Workers at both
facilities were denied eligibility to apply for TAA on March 3, 1993
under TA-W-28,040 and TA-W-28,041.
Investigations were instituted on September 13, 1993 for the
instant petitions TA-W-29,033 and TA-W-29,034. However, the findings
show that no production or employment occurred in the interval between
January 1993 and September 1993.
The Department's denial was based on the fact that the
``contributed importantly'' test of the Worker Group Eligibility
Requirements of the Trade Act was not met. The ``contributed
importantly'' test is generally demonstrated by a survey of the subject
firm's customers. The Department's survey, which accounted for nearly
all of the 1992 sales decline for the paper plant, shows that Grays
Harbor Paper customers did not import while decreasing their purchases
from Grays Harbor Paper.
The union submitted information showing that the paper produced at
Hoquiam falls into at least three grades for which U.S. imports from
selected countries increased in 1992 compared to 1991. The import data
submitted by the union was included in the Department's table for paper
and paperboard mill products. However, the Department's denial was
based on the fact that the ``contributed importantly'' test was not met
as shown above.
Further, the dominant cause for the closure of the paper plant was
the decision by ITT Rayonier to close the pulp plant which produced
pulp as a raw material exclusively for the paper plant.
Company officials indicated that the pulp plant closed because of
revenue losses resulting from the (1) increasing unavailability of wood
as a raw material, (2) it was an old high-cost plant and (3) the
environmental restrictions with associated capital expenditures.
U.S. imports of pulp declined in 1992 compared to 1991. ITT
Rayonier's sole customer of pulp did not import pulp during the
relevant period.
Other products produced by ITT Rayonier's pulp plant were vanillin
and other lignin chemicals.
U.S. imports of vanillin and ethylvanillin declined in the 12-month
period ending in November 1992 compared to the same period one year
earlier. Further, major declining customers of ITT Rayonier were
surveyed for their purchases of various lignin chemicals and drilling
fluids. None of the respondents reported importing the products in
question in the 1991-1992 period.
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, DC, this 10th day of January 1994.
Stephen A. Wandner,
Deputy Director, Office of Legislation & Actuarial Service,
Unemployment Insurance Service.
[FR Doc. 94-1496 Filed 1-19-94; 4:15 pm]
BILLING CODE 4510-30-M
