[Federal Register Volume 69, Number 74 (Friday, April 16, 2004)]
[Notices]
[Page 20645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-866]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-52,050]


Merrill Corporation, St. Paul, MN; Notice of Negative 
Determination on Reconsideration on Remand

    The United States Court of International Trade (USCIT) granted the 
Secretary of Labor's motion for a voluntary remand for further 
investigation in Former Employees of Merrill Corporation v. Elaine 
Chao, U.S. Secretary of Labor, Court No. 03-00662.
    The Department's initial negative determination for the workers of 
Merrill Corporation (hereafter ``Merrill'') was issued on July 22, 
2003. The notice was published in the Federal Register on July 10, 2003 
(68 FR 43373). The determination was based on the finding that workers 
did not produce an article within the meaning of section 222 of the 
Trade Act of 1974. The Department determined that the subject worker 
group was not engaged in the production of an article, but rather 
engaged in activities related to document management services.
    On September 9, 2003, the petitioner applied to the U.S. Court of 
International Trade for administrative reconsideration, asserting that 
the subject firm produces an article (documents) and that the workers 
are engaged in this production.
    The petitioner asserted that ``[t]ypesetting is an industry that 
uses raw material (text data) to produce a finished product of economic 
value''; that workers received text files containing raw data which 
were sent electronically or in printed form (which had to be converted 
to an electronic format) and ``typeset the information into an 
electronic format''; and that the file was sent to be printed and/or 
filed electronically with the Securities Exchange Commission (SEC).
    On remand, the Department conducted an investigation to determine 
whether the company produces an article. In the investigation, the 
Department reviewed previously-submitted information and requested 
additional information from the petitioner and the company regarding 
the functions of the subject worker group and the operations of the 
company.
    The remand investigation revealed that the subject company does not 
produce an ``article'' within the meaning of the Trade Act of 1974. The 
nature of the company is service-oriented.
    Merrill describes itself as a ``communication and document services 
company providing printing, photocopying and document management 
services to the financial, legal, and corporate markets. Merrill's 
services integrate traditional composition, imaging and printing 
services with online document management and distribution technology 
for the preparation and distribution of * * * materials.'' 
(Administrative Record, page 12)
    A company official reiterated that ``Merrill helps clients to 
prepare required disclosure documents required by the Securities and 
Exchange Commission (SEC).'' (Supplemental Administrative Record, page 
10)
    Merrill helps its clients prepare and electronically file 
disclosure documents required by the SEC, such as prospectuses, annual 
reports and proxy statements. While the documents are valuable as 
financial records and references, they have no intrinsic value beyond 
the value of the materials upon which they are recorded (the paper, CD-
Rom, floppy disk, etc.) and merely state the economic conditions or 
status of a company.
    The petitioner's submission states that clients submit text files 
either electronically or in printed form to Merrill's customer service, 
and that Merrill would either send the electronic files to the 
typesetters or convert the printed files into electronic files before 
sending them to the typesetters. If typesetters receive an unconverted 
file, they would use proprietary computer applications to convert the 
file to a form compatible to the program used to manipulate the 
information into the appropriate format to meet clients' needs and the 
SEC's filing specifications.
    The company's submission is similar to the petitioner's, but 
supports the position that no article is produced.
    According to the company, clients send their documents to Customer 
Service Group offices which are located throughout the United States 
and the United Kingdom. The documents are either in electronic or paper 
form. The Customer Service Group offices then send the documents to the 
Typesetting Center in St. Paul, Minnesota. The documents may be sent 
electronically or in print form (and later converted into an electronic 
format). At the Typesetting Center, typesetters use proprietary 
software to type, edit and format documents to satisfy client needs and 
meet the SEC's specifications. Proofreaders audit the documents for 
accuracy before the documents are filed electronically with the SEC. If 
a client requests a printed copy of the document, a Customer Services 
Group office will arrange for the printing.
    Throughout the Trade Act, an article is often referenced as 
something that has a value that makes it marketable, fungible and 
interchangeable for commercial purposes. The SEC filings are public 
records and the documents are not sold or marketed individually or as a 
component to an article.
    Because the documents have no commercial value and the company is a 
service provider, the workers do not produce an article.

Conclusion

    After reconsideration on remand, I affirm the original notice of 
negative determination of eligibility to apply for adjustment 
assistance for workers and former workers of Merrill Corporation, St. 
Paul, Minnesota.

    Signed in Washington, DC this 2nd day of April, 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E4-866 Filed 4-15-04; 8:45 am]
BILLING CODE 4510-13-P