[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]


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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