94-12309. Cupples Paper Bag Company, Northwest Division Clackamas, OR; Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12309]


[[Page Unknown]]

[Federal Register: May 20, 1994]


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DEPARTMENT OF LABOR
[TA-W-29,408]

 

Cupples Paper Bag Company, Northwest Division Clackamas, OR; 
Negative Determination Regarding Application for Reconsideration

    By a postmarked letter of April 8, 1994, one of the workers 
requested administrative reconsideration of the subject petition for 
trade adjustment assistance (TAA). The denial notice was signed on 
March 18, 1994 and was 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 Clackamas facility produced paper grocery bags.
    The worker stated that imported plastic bags adversely affected the 
workers at Cupples Paper Bag Company in Clackamas.
    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. This test is generally demonstrated 
through a survey of the workers' firm's customers. The Department's 
survey shows that none of the respondents imported paper or plastic 
grocery bags while decreasing their purchases from the subject firm 
during the relevant period.
    A review of the findings shows that the Clackamas facility never 
produced plastic bags. Other findings show that the parent company 
imported some paper bags prior to the relevant period of the workers' 
petition.
    Also, the closing of the Federal Forests to logging and 
subsequently the loss of wood chips which are used in paper bag 
manufacturing would not provide a basis for a worker group 
certification under the Trade Act.

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 6th day of May 1994.
Stephen A. Wandner,
Deputy Director, Office of Legislation & Actuarial Service, 
Unemployment Insurance Service.
[FR Doc. 94-12309 Filed 5-19-94; 8:45 am]
BILLING CODE 4510-30-M