[Federal Register Volume 59, Number 55 (Tuesday, March 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6684]


[[Page Unknown]]

[Federal Register: March 22, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR
[TA-W-29,135]

 

Negative Determination Regarding Application for Reconsideration; 
Trinity Industries, Inc., Plant #70, Chicago Heights, IL

    By an application dated February 24, 1994, after being granted a 
filing extension, Counsel for the workers requested administrative 
reconsideration of the subject petition for trade adjustment 
assistance, TAA. The denial notice was published in the Federal 
Register on January 11, 1994 (59 FR 1565).
    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.

    Investigation findings show that the workers produced fabricated 
structural steel for bridges. All production ceased in October 1993 
when all production workers were laid off.
    Counsel states that Trinity Industries may have been under bid by 
firms using foreign steel. Counsel also states that the Department's 
investigation did not consider potential imports.
    Investigation findings show that all major bridges in the U.S. are 
Federally funded and require only domestic steel in their fabrication.
    Potential imports, in themselves, would not form a basis for a 
worker group certification. The basis for a worker group certification 
under the worker adjustment assistance program is increased imports of 
articles that are like or directly competitive with those produced at 
the workers' firm and which contributed importantly to worker 
separations and declines in production or sales.
    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. This test is generally determined through 
a survey of the workers' firm's customers or a survey of major 
unsuccessful bids.
    The Department's survey of major unsuccessful bids shows that the 
successful awardees were other domestic firms.
    Lastly, U.S. aggregate imports of fabricated structural steel 
continued their 5-year decline in 1992. Industry spokesmen and other 
Federal Government sources attribute the 5-year decline in imports to 
the favorable change in foreign exchange rates during the same 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 11th day of March 1994.
Stephen A. Wandner,
Deputy Director, Office of Legislation & Actuarial Service, 
Unemployment Insurance Service.
[FR Doc. 94-6684 Filed 3-21-94; 8:45 am]
BILLING CODE 4510-30-M