[Federal Register Volume 63, Number 97 (Wednesday, May 20, 1998)]
[Page 27750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13418]



Employment and Training Administration

Pride Companies, L.P., Abilene, Texas; Negative Determination 
Regarding Application for Reconsideration

    By application postmarked April 14, 1998, one of the petitioners 
requested administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on March 20, 1998, and 
published in the Federal Register on April 3, 1998 (63 FR 16574).
    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 investigation findings for the March 20 denial of TAA for 
workers of Pride Companies, L.P., Abilene, Texas producing refined 
petroleum products showed that criteria (1) and (2) of the group 
eligibility requirements of section 222 of the Trade Act were met; 
employment, sales and production decreased in January through September 
1997 compared with the same time period of the previous year. However, 
the ``contributed importantly'' requirement of criterion (3) of section 
222 was not met. The ``contributed importantly'' test is generally 
demonstrated through a survey of the workers' firm's customers. A 
survey conducted by the Department regarding the subject firm's loss of 
a portion of a competitive bid for military jet fuel in February 1997 
revealed that the remainder was awarded to domestic suppliers, with the 
exception of a very small percentage of the solicitation awarded to a 
foreign source.
    The petitioner asserts that layoffs at the Abilene refinery were 
the result of increased company purchases of imported products supplied 
by the Texaco Trading and Transportation Inc. terminal in the Houston 
ship channel area. The petitioner adds that Texaco Trading and 
Transportation purchases refined products on the open market from 
various refineries and distribution terminals.
    The investigation findings showed that Pride Companies, L.P. did 
not purchase any refined petroleum products from Texaco or any foreign 
sources during the time period relevant to the petition investigation. 
Information obtained during the investigation shows that Texaco Trading 
and Transportation Inc. will supply refined petroleum products to 
Pride, but not until the completion of the conversion of the Abilene 
refinery to a products and crude oil terminal. Information in 
Departmental trade adjustment assistance files shows that the primary 
functions of Texaco Trading and Transportation, Inc. are marketing of 
domestic crude oil, and transportation of crude oil and products by 
pipeline and truck.
    With respect to the petitioners assertion that U.S. domestic 
production of refined petroleum is at a maximum and cannot meet demand, 
U.S. imports of these products declined absolutely and relative to 
domestic shipment from 1996 to 1997.


    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 4th day of May 1998.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 98-13418 Filed 5-19-98; 8:45 am]