[Federal Register Volume 59, Number 82 (Friday, April 29, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-10275] [[Page Unknown]] [Federal Register: April 29, 1994] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration [TA-W-29,436] A.C.A. Lumber Co., Beaver, WA; Negative Determination Regarding Application for Reconsideration By an application dated March 18, 1994, the company requested administrative reconsideration of the subject petition for trade adjustment assistance (TAA). The denial notice was signed on March 18, 1994 and published in the Federal Register on March 30, 1994 (59 FR 14876). 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 company stated that they could not compete with imported Canadian lumber. 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. The Department's survey showed that when the mill was in full operation (prior to May 1993), the respondents either did not import or did not increase their imports. Between May, 1993 and December, 1993 A.C.A. Lumber produced cut lumber on a subcontracting basis. The Department's survey showed that A.C.A.'s only customer in this period ceased doing business with A.C.A. and placed its cut lumber orders with foreign producers. The findings also show that the customer sells the lumber produced abroad to customers in foreign countries and does not import any lumber into the United States. The worker adjustment assistance program was not intended to provide TAA to workers who are in some way related to import competition but only for those workers who produce an article and are adversely affected by increased imports of like or directly competitive articles which contributed importantly to sales or production and employment declines 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, DC, this 18th day of April 1994. Robert O. Deslongchamps, Director, Office of Legislation & Actuarial Service, Unemployment Insurance Service. [FR Doc. 94-10275 Filed 4-28-94; 8:45 am] BILLING CODE 4510-30-M