94-10275. A.C.A. Lumber Co., Beaver, WA; Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 59, Number 82 (Friday, April 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10275]


[[Page Unknown]]

[Federal Register: April 29, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-29,436]

 

A.C.A. Lumber Co., Beaver, WA; Negative Determination Regarding 
Application for Reconsideration

    By an application dated March 18, 1994, the company requested 
administrative reconsideration of the subject petition for trade 
adjustment assistance (TAA). The denial notice was signed on March 18, 
1994 and published in the Federal Register on March 30, 1994 (59 FR 
14876).
    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.
    The company stated that they could not compete with imported 
Canadian lumber.
    The Department's denial was based on the fact that the 
``contributed importantly'' test of the Group Eligibility Requirements 
of the Trade Act was not met. The Department's survey showed that when 
the mill was in full operation (prior to May 1993), the respondents 
either did not import or did not increase their imports.
    Between May, 1993 and December, 1993 A.C.A. Lumber produced cut 
lumber on a subcontracting basis. The Department's survey showed that 
A.C.A.'s only customer in this period ceased doing business with A.C.A. 
and placed its cut lumber orders with foreign producers. The findings 
also show that the customer sells the lumber produced abroad to 
customers in foreign countries and does not import any lumber into the 
United States.
    The worker adjustment assistance program was not intended to 
provide TAA to workers who are in some way related to import 
competition but only for those workers who produce an article and are 
adversely affected by increased imports of like or directly competitive 
articles which contributed importantly to sales or production and 
employment declines at the workers' firm.

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 18th day of April 1994.
Robert O. Deslongchamps,
Director, Office of Legislation & Actuarial Service, Unemployment 
Insurance Service.
[FR Doc. 94-10275 Filed 4-28-94; 8:45 am]
BILLING CODE 4510-30-M