[Federal Register Volume 64, Number 101 (Wednesday, May 26, 1999)]
[Notices]
[Pages 28525-28526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13416]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-35,586]
Buckeye Incorporated Midland, Texas; Revised Determination on
Reopening
On May 7, 1999, the Department, on its own motion, reopened its
investigation for workers and former
[[Page 28526]]
workers at the subject firm in Midland, Texas.
The initial petition filed with the Department on behalf of workers
of Buckeye, Incorporated was denied on February 9, 1999, based on the
finding that the workers in Midland, Texas provided transportation
services and did not produce an article in accordance with the worker
group eligibility requirements of criterion (3) of Section 222 of the
Trade Act of 1974, as amended. The notice was published in the Federal
Register on April 6, 1999 (64 FR 16752).
One of the petitioners requested administration reconsideration of
the Department's negative determination applicable to workers of
Buckeye, Incorporated. The petitioner did not present any new
substantial information which would bear importantly on the
Department's determination, and the application was dismissed on March
16, 1999. The dismissal notice was published in the Federal Register on
March 30, 1999 (64 FR 15174).
The Department just recently received a copy of the petitioner's
April 14, 1999 request for judicial review filed with the U.S. Court of
International Trade (USCIT), Buckeye v. Herman, Court No. 99-04-00222,
regarding the Department's denial of eligibility for workers of
Buckeye, Incorporated, Midland, Texas to apply for TAA.
New information submitted to the USCIT by the Buckeye petitioner,
which was not shared with the Department at the time of the petitioners
request for administrative reconsideration, provides a description of
the work performed by the drilling fluid technicians of the subject
firm. Based on this new information the Department reopened the
investigation.
New findings on reopening show that while the initial petition
investigation found that workers of Buckeye, Incorporated, Midland,
Texas, were preliminary truck drivers providing transport services,
other workers were swampers (delivery assistants), as well as drilling
fluid technicians that provided services for unaffiliated crude oil
producers at the well sites. This new information shows that drilling
fluid technicians are engaged in employment related to the production
of crude oil for unaffiliated firms. Since the truck drivers and
swampers are providing support services for the drilling fluid
technicians of Buckeye, Incorporated, they can do also be considered
providing support services related to the production workers of the
subject firm.
Sales and employment at the subject firm declined from 1997 to
1998.
The investigation disclosed that customers of Buckeye,
Incorporated, Midland, Texas, were major crude oil producers who market
their oil through the normal distribution channels. Workers of firms
engaged in employment related to the production of crude oil have been
impacted by the high penetration of imports in this market. U.S.
imports of crude oil increased absolutely and relative domestic
shipments from 1996 to 1997 and in January-October 1998 compared with
the same 1997 time period. The ratio of imports to domestic shipments
for crude oil is over 100% from 1997 through October 1998.
Conclusion
After careful consideration of the new facts obtained on reopening,
it is concluded that increased imports of articles like or directly
competitive with crude oil contributed importantly to the decline in
sales and to the total or partial separation of workers at the subject
firm. In accordance with the provisions of the Trade Act of 1974, I
make the following revised determinations on reopening:
All workers of Buckeye, Incorporated, Midland, Texas, who became
totally or partially separated from employment on or after January
8, 1998, are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed at Washington, D.C. this 18th day of May 1999.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 99-13416 Filed 5-25-99; 8:45 am]
BILLING CODE 4510-30-M
