[Federal Register Volume 60, Number 138 (Wednesday, July 19, 1995)]
[Notices]
[Pages 37080-37081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17736]



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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-29,504]


ALSCO Amerimark Building Products, Gnadenhutten, Ohio; Negative 
Determination on Remand

    On April 7, 1995 the United States Court of International Trade 
(USCIT) granted the Secretary's motion for a voluntary remand in United 
Steelworkers of America, AFL-CIO-CLC, Local 4612 v. Secretary of Labor 
No. 94-11-00698.
    The workers filing under petition TA-W-29,504 were initially denied 
eligibility to apply for trade adjustment assitance (``TAA'') on June 
20, 1994, 59 FR 33786 (1994) and denied on application for 
reconsideration on September 16, 1994, 59 FR 49259 (1994).
    The investigation findings showed that the plant melted scrap 
aluminum cans and rolled the aluminum into coils which were then 
painted. The smelter and rolling mill closed in December 1993.
    The United Steelworkers of America (``USWA'') and its Local 4612 
claim that imports of Russian aluminum ingots and coil affected the 
pricing of aluminum coil.
    In its notice of negative determination regarding the USWA, Local 
4612 application for reconsideration, the Department found that the 
articles produced by workers at Alsco Amerimark Building Products 
(``Amerimark'') are coated or painted aluminum coil, not aluminum 
ingots or aluminum coil. Accordingly, the Department investigated 
whether imports of coated aluminum coil contributed importantly to the 
worker separations and Amerimark's decline in sales.
    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 
workers' firm's customers. The Department surveyed Amerimark's major 
customers for their purchases of painted aluminum coil for the years 
1992, 1993, and the January-May time period of 1993 and 1994. None of 
the respondents reported decreasing their purchases from the subject 
firm while increasing their purchases of imports in the relevant 
period.
    Other findings showed that Amerimark did not purchase ingots 
(foreign or domestic) for use in its production process for coated 
aluminum coil but purchased scrap aluminum cans.
    On remand, the Department broadened its investigation to determine 
whether imports of aluminum coil met the ``contributed importantly'' 
test.
    The new findings show that Amerimark's Gnadenhutten, Ohio aluminum 
smelting and rolling mill operation supplied the source of coils 

[[Page 37081]]
for the final phase of production, coating or painting, until the 
closure of the smelter and rolling mill in December 1993.
    Other findings show that once the smelting operations ceased, 
Amerimark produced the painted coils from domestically sourced aluminum 
sheet.\1\ The Department conducted a survey of Amerimark's major 
suppliers to determine if the aluminum sheet sold to Amerimark in the 
last three years was produced domestically or obtained from outside 
sources. The respondents reported that they produced all aluminum sheet 
sold to Amerimark themselves, and did not purchase any of this aluminum 
sheet from other domestic sources.

    \1\ In accordance with industry practice, the term ``aluminum 
sheet'' is used interchangeably with ``aluminum coil'' here.
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    The value of U.S. imports of aluminum plate, sheet and strip 
increased from 1992 to 1993, and in the first five months of 1994 
compared to the first five months of 1993. Statistical data on U.S. 
imports as a whole, however, would not determine whether the Amerimark 
workers lost their jobs as a result of increased imports. Instead, this 
determination is made by surveying Amerimark's major customers to see 
whether they reduced their purchases of Amerimark products while 
increasing their imports of aluminum sheet during the period in 
question.
    Customer survey findings show that the Amerimark customers that 
purchased painted aluminum coils from Amerimark, purchased aluminum 
sheet from other domestic sources. One customer indicated purchases of 
aluminum sheet from doemstic sources and from brokers for foreign 
firms. However, this same customer increased its purchases of painted 
aluminum coil from Amerimark in 1993 compared to 1992, and in the first 
five months of 1994 compared to the first five months of 1993. Business 
Confidential Administrative Record at 105. Consequently, increased 
imports could not have contributed importantly to the workers' 
separations and Amerimark's deline in sales because Amerimark's major 
customers either did not import articles like or directly competitive 
with Amerimark's products, or increased their purchases of Amerimark's 
products while importing foreign goods.

Conclusion

    After review of the new investigative findings, I conclude that the 
determination was correct. Accordingly, the Amerimark workers' petition 
for trade adjustment assistance is denied.

    Signed at Washington, DC, this 7th day of July 1995.
Victor J. Trunzo,
Program Director, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 95-17736 Filed 7-18-95; 8:45 am]
BILLING CODE 4510-30-M