94-9532. National Steel Pellet Co.; Keewatin, MN; Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 59, Number 76 (Wednesday, April 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9532]


[[Page Unknown]]

[Federal Register: April 20, 1994]


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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-29,318]

 

National Steel Pellet Co.; Keewatin, MN; Negative Determination 
Regarding Application for Reconsideration

    By an application dated March 25, 1994, Counsel for the workers 
requested administrative reconsideration of the subject petition for 
trade adjustment assistance, TAA. The denial notice was published in 
the Federal Register on February 23, 1994 (59 FR 8662).
    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.
    Investigation findings show that the workers produced taconite 
pellets for its parent company, the National Steel Corporation. The 
Keewatin pellet plant has been idle since August 1, 1993 as a result of 
a labor dispute.
    Counsel for the workers states that the Department did not survey 
the parent company to determine whether it had replaced the pellets 
provided by Keewatin with imported pellets. Also, counsel states that 
the workers should be determined eligible for TAA since they are 
eligible for unemployment insurance, (UI).
    The Department's denial was based on the fact that the decreased 
sales or production criterion of the Group Eligiblity Requirements of 
the Trade Act was not met in 1992 compared to 1991 or in the first 
seven months of 1993 compared to the same period in 1992.
    The dominant cause for the Keewatin plant being idle was the labor 
dispute which began on August 1, 1993. Accordingly, there was no need 
to survey the parent firm for imports. Further, company officials at 
National Steel indicated that a negligible amount of pellets are always 
imported from Canada but this had no impact on pellet production at 
Keewatin.
    The fact that the workers are eligible for UI does not 
automatically qualify them for TAA. Both programs are separate as to 
funding and eligibility requirements. In order for workers to obtain 
TAA benefits they must meet all the requirements of section 222 of the 
Trade Act of 1974.

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 11th day of April 1994.
Robert O. Deslongchamps,
Director, Office of Legislation & Actuarial Service, Unemployment 
Insurance Service.
[FR Doc. 94-9532 Filed 4-19-94; 8:45 am]
BILLING CODE 4510-30-M