94-12310. Jefferson Smurfit Corporation, Lancaster, NY; 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: 94-12310]


[[Page Unknown]]

[Federal Register: May 20, 1994]


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DEPARTMENT OF LABOR
[TA-W-29,399]

 

Jefferson Smurfit Corporation, Lancaster, NY; Negative 
Determination Regarding Application for Reconsideration

    By an application dated April 14, 1994, the United Paperworkers 
International Union (UPIU) requested administrative reconsideration of 
the subject petition for trade adjustment assistance (TAA). The denial 
notice was signed on March 22, 1994 and published in the Federal 
Register on April 26, 1994 (59 FR 21776).
    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 investigation findings show that the workers produced 
corrugated shipping containers. The shipping container industry is a 
local one which supplies master cartons for neighboring manufacturers, 
like cereal companies, to ship their boxes in. The plant closed in 
January, 1994.
    The findings show that many companies which formerly used Jefferson 
Smurfit's shipping containers left the western New York area about four 
years ago. Also, Department of Commerce data shows that the economic 
downturn in the early 1990s slowed packaging demand in most consumer 
end-use categories.
    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 
customer survey showed that none of the respondents reported increasing 
their purchases of imported corrugated shipping containers while 
decreasing their purchases from Jefferson Smurfit in the relevant 
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 6th day of May 1994.
Robert O. Deslongchamps,
Director, Office of Legislation & Actuarial Service, Unemployment 
Insurance Service.
[FR Doc. 94-12310 Filed 5-19-94; 8:45 am]
BILLING CODE 4510-30-M