94-12316. Flint Ink Corporation Lodi, New Jersey; 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: 94-12316]


[[Page Unknown]]

[Federal Register: May 20, 1994]


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DEPARTMENT OF LABOR
[TA-W-29,360]

 

Flint Ink Corporation Lodi, New Jersey; Negative Determination 
Regarding Application for Reconsideration

    By an application dated April 26, 1994, Local #612M of the Graphic 
Communications International Union (GCIU) requested administrative 
reconsideration of the subject petition for trade adjustment 
assistance. The denial notice was signed on April 20, 1994 and will 
soon be published in the Federal Register.
    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 union states that stiff foreign competition was responsible for 
closing the Lodi plant in May 1993.
    Investigation findings show that 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. A corporate 
decision was made to consolidate Flint Ink's production by closing the 
Lodi, New Jersey plant and transferring its production to other 
domestic corporate plants, which had excess capacity.
    Foreign competition, in itself, would not provide a basis for a 
worker group certification. The worker adjustment assistance program is 
based on increased imports of articles which are like or directly 
competitive with those produced by the petitioning workers' firm and 
which contributed importantly to worker separations and production or 
sales declines at the workers' firm. Corporate sales of printing ink by 
Flink Ink increased in 1993 compared to 1992.

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 May 1994.
Stephen A. Wandner,
Deputy Director, Office of Legislation & Actuarial Service, 
Unemployment Insurance Service.
[FR Doc. 94-12316 Filed 5-19-94; 8:45 am]
BILLING CODE 4510-30-M