[Federal Register Volume 60, Number 33 (Friday, February 17, 1995)]
[Notices]
[Page 9408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4018]



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DEPARTMENT OF LABOR
[TA-W-30,483]


EFR Corporation, Everett, Washington; Notice of Negative 
Determination Regarding Application for Reconsideration

    By an application dated January 9, 1995, a former company official 
requested administrative reconsideration of the subject petition for 
trade adjustment assistance, TAA. The denial notice was issued on 
December 22, 1994 and published in the Federal Register on January 20, 
1995 (60 FR 4194).
    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 logs.
    In 1994 EFR went into a partnership with Crown Pacific to clear a 
parcel of land. EFR owned the timber once the logs were cut. EFR sold 
the logs to one customer. The partnership was dissolved in November 
1994.
    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 through a survey of the 
subject firm's major declining customers. The Department's survey found 
that the respondents did not import logs or limber in the period 
relevant to the petition.
    Further, foreign competition, in itself, would not form a basis for 
a worker group certification. The worker group requirements necessary 
for certification are (1) a significant decrease in employment; (2) an 
absolute decline in sales or production and (3) increased imports of 
articles that are like or directly competitive with those produced by 
the subject firm and which contributed importantly to declines in sales 
or production and employment. The ``contributed importantly'' test in 
this case was not met.
    The workers were denied under a NAFTA petition, (NAFTA 274).

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 February 1995.


Victor J. Trunzo,

Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.

[FR Doc. 95-4018 Filed 2-16-95; 8:45 am]

BILLING CODE 4510-30-M