94-20470. Ucar Carbon Company, Inc. Robinson, IL; Notice of Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 59, Number 160 (Friday, August 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20470]


[[Page Unknown]]

[Federal Register: August 19, 1994]


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DEPARTMENT OF LABOR
[TA-W-29,756]

 

Ucar Carbon Company, Inc. Robinson, IL; Notice of Negative 
Determination Regarding Application for Reconsideration

    By an application dated July 28, 1994, a former worker requested 
administrative reconsideration of the subject petition for trade 
adjustment assistance. The denial notice was signed on June 23, 1994 
and published in the Federal Register on July 19, 1994 (59 FR 36792).
    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 former worker stated that increased imports of aluminum ingot 
adversely affected workers at UCAR Carbon Company producing calcined 
petroleum coke which is used to make carbon anodes for the production 
of aluminum.
    The Department's denial was based on the fact that the 
``contributed importantly'' test of the Worker Group Eligibility 
Requirements of the Trade Act was not met. Aluminum is not 
interchangeable with calcined petroleum coke.
    Investigation findings show that UCAR Carbon in Robison, Illinois 
closed on May 1, 1994. The workers produced calcined petroleum coke. 
The findings show that calcined petroleum coke at UCAR Carbon is used 
to make (1) Carbon anodes which are used up in the production of 
aluminum and (2) graphite electrodes used in electric arc furnaces for 
steelmaking.
    Articles which are consumed in the making of a finished article are 
not like or directly competitive with the finished article. Calcined 
petroleum coke and aluminum are not interchangeable. Accordingly, 
imported aluminum is not like or directly competitive with calcined 
petroleum coke within the meaning of Section 222(3) of the Trade Act. 
Therefore, aluminum imports cannot be considered in determining import 
injury to workers engaged in employment related to the production of 
calcined petroleum coke.
    The Trade Act did not intend to provide TAA benefits for everyone 
who is in some way affected by foreign competition, but only for those 
workers of a firm which has experienced increased imports of articles 
that are like or directly competitive with those produced at the 
subject firm. The increased imports must have ``contributed 
importantly'' to worker separations and decreased sales or production 
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, D.C., this 10th day of August 1994.
Robert O. Deslongchamps,
Director, Office of Legislation & Actuarial Service, Unemployment 
Insurance Service.
[FR Doc. 94-20470 Filed 8-18-94; 8:45 am]
BILLING CODE 4510-30-M