[Federal Register Volume 59, Number 14 (Friday, January 21, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-1496] [[Page Unknown]] [Federal Register: January 21, 1994] ----------------------------------------------------------------------- DEPARTMENT OF LABOR [TA-W-29,033 and TA-W-29,034] Negative Determination Regarding Application for Reconsideration In the matter of ITT Rayonier, Grays Harbor Pulp and Lignin Products Division, Hoquiam, WA (TA-W-29,033) and Grays Harbor Paper Company, Hoquiam, WA (TA-W-29,034) By an application dated November 30, 1993, the Association of Western Pulp and Paper Workers Union requested administrative reconsideration of the subject petition for trade adjustment assistance. The denial notice was signed on September 29, 1993 and published in the Federal Register on December 3, 1993 (58 FR 64007). 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 mis- interpretation of facts or of the law justified reconsideration of the decision. The investigation findings show that ITT Rayonier's Gray Harbor Pulp and Lignin Products plant (pulp plant) and the Grays Harbor Paper Company (paper plant) closed in January, 1993. Workers at both facilities were denied eligibility to apply for TAA on March 3, 1993 under TA-W-28,040 and TA-W-28,041. Investigations were instituted on September 13, 1993 for the instant petitions TA-W-29,033 and TA-W-29,034. However, the findings show that no production or employment occurred in the interval between January 1993 and September 1993. 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. The ``contributed importantly'' test is generally demonstrated by a survey of the subject firm's customers. The Department's survey, which accounted for nearly all of the 1992 sales decline for the paper plant, shows that Grays Harbor Paper customers did not import while decreasing their purchases from Grays Harbor Paper. The union submitted information showing that the paper produced at Hoquiam falls into at least three grades for which U.S. imports from selected countries increased in 1992 compared to 1991. The import data submitted by the union was included in the Department's table for paper and paperboard mill products. However, the Department's denial was based on the fact that the ``contributed importantly'' test was not met as shown above. Further, the dominant cause for the closure of the paper plant was the decision by ITT Rayonier to close the pulp plant which produced pulp as a raw material exclusively for the paper plant. Company officials indicated that the pulp plant closed because of revenue losses resulting from the (1) increasing unavailability of wood as a raw material, (2) it was an old high-cost plant and (3) the environmental restrictions with associated capital expenditures. U.S. imports of pulp declined in 1992 compared to 1991. ITT Rayonier's sole customer of pulp did not import pulp during the relevant period. Other products produced by ITT Rayonier's pulp plant were vanillin and other lignin chemicals. U.S. imports of vanillin and ethylvanillin declined in the 12-month period ending in November 1992 compared to the same period one year earlier. Further, major declining customers of ITT Rayonier were surveyed for their purchases of various lignin chemicals and drilling fluids. None of the respondents reported importing the products in question in the 1991-1992 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 10th day of January 1994. Stephen A. Wandner, Deputy Director, Office of Legislation & Actuarial Service, Unemployment Insurance Service. [FR Doc. 94-1496 Filed 1-19-94; 4:15 pm] BILLING CODE 4510-30-M