[Federal Register Volume 69, Number 8 (Tuesday, January 13, 2004)]
[Notices]
[Pages 2009-2010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-651]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-41,889]


United Container Machinery, Inc., Glen Arm, MD; Notice of Revised 
Determination on Remand

    The United States Court of International Trade (USCIT) granted the 
Department of Labor's request for voluntary remand of the negative 
determination on reconsideration in Former Employees of United 
Container Machinery, Inc. v. U.S. Secretary of Labor (Court No. 03-
00346).
    The Department's denial of Trade Adjustment Assistance (TAA) for 
the workers of United Container Machinery, Inc., Glen Arm, Maryland was 
issued on November 29, 2002, and was published in the Federal Register 
on December 23, 2002 (67 FR 78257). The investigation concluded that 
imports of products like or directly competitive with machinery for 
corrugated boxes produced at the subject company did not contribute 
importantly to the layoffs at the subject company during the relevant 
time period.
    By letter dated January 1, 2003, the petitioner requested 
administrative reconsideration of the negative determination. The 
petitioner alleged that the subject worker group should be eligible for 
TAA because they were previously certified, that the subject company 
imported competitive products from Hungary, and that the subject 
company's customers may be importing. The Notice of Negative 
Determination Regarding Application for Reconsideration was issued on 
March 25, 2003, and was published in the Federal Register on April 7, 
2003 (68 FR 16844). The request was denied because the information 
contained in the reconsideration request and the Department's follow-up 
inquiry concerning such information did not reveal a basis for further 
detailed investigation.
    In response to the petitioner's appeal to the U.S. Court of 
International Trade, the Department requested, and was granted, a 
voluntary remand.
    In the remand investigation, the Department requested from company 
officials information regarding the history of the subject company, 
company imports, details of the merger in which the subject company 
acquired the facility in Hungary, customer information, and 
clarification about alleged foreign affiliations.
    The remand investigation revealed that the subject facility 
produced processed corrugated rolls. Corrugated rolls are large metal 
cylinders that are used to produce corrugated material. A paper matter 
is squeezed between pairs of corrugated rolls to make large flattened 
sheets used to make corrugated boxes.
    There are two versions of processed corrugated rolls: smooth and 
fluted. The Glen Arm, Maryland facility produces both smooth and fluted 
processed corrugated rolls. The Hungary plant makes only smooth 
processed corrugated rolls. The smooth and fluted rolls function in the 
same way `` a paper product is squeezed between the rolls to make large 
sheets of flat board. The process of making the two versions is the 
same, except that fluted rolls include an extra step of ridging 
(scoring the smooth surface so that it makes ridges in the end 
product). Further, the two versions produce the same end product--the 
end paper product of the smooth rolls is a large sheet of smooth flat 
board; the end paper product of the fluted rolls is a large sheet of 
fluted flat board. Thus, the two versions are like and directly 
competitive.
    In July 2002, Barry-Wehmiller Company purchased United Container 
Machinery, Inc. The purchase included the Glen Arm, Maryland facility 
and the facility in Hungary.
    The rolls made in Hungary are shipped to European customers and to 
the Glen Arm, Maryland facility. The smooth corrugated rolls sent to 
the Glen Arm, Maryland facility either satisfy domestic smooth 
corrugated roll customers or are processed to make fluted materials. 
The further processing includes ridging the smooth corrugated rolls, 
polishing the rolls, and testing the modified final product.
    A careful review of the additional information supplied by the 
company revealed that the Glen Arm, Maryland facility experienced 
production and employment declines and that imports of processed 
corrugated rolls from Hungary remained steady during the corresponding 
time period. Therefore, the Department concludes the subject company 
increased its reliance upon imported processed corrugated rolls during 
the relevant time period.

Conclusion

    After careful review of the additional facts obtained on the 
current remand, I conclude that there was an increased reliance on 
imported processed corrugated rolls like or directly competitive with 
those produced at the subject firm, and that such increased reliance on 
imports contributed importantly to the worker separations and sales or 
production declines at the

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subject facility. In accordance with the provisions of the Trade Act, I 
make the following certification:

    ``All workers of United Container Machinery, Inc., Glen Arm, 
Maryland, who became totally or partially separated from employment 
on or after July 17, 2001, through two years from the issuance of 
this revised determination, are eligible to apply for adjustment 
assistance under Section 223 of the Trade Act of 1974.''

    Signed at Washington, DC, this 6th day of January, 2004.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-651 Filed 1-12-04; 8:45 am]
BILLING CODE 4510-30-P