[Federal Register: May 26, 1999 (Volume 64, Number 101)]
[Notices]               
[Page 28525-28526]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my99-139]

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DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-35,586]

 
Buckeye Incorporated Midland, Texas; Revised Determination on 
Reopening

    On May 7, 1999, the Department, on its own motion, reopened its 
investigation for workers and former

[[Page 28526]]

workers at the subject firm in Midland, Texas.
    The initial petition filed with the Department on behalf of workers 
of Buckeye, Incorporated was denied on February 9, 1999, based on the 
finding that the workers in Midland, Texas provided transportation 
services and did not produce an article in accordance with the worker 
group eligibility requirements of criterion (3) of Section 222 of the 
Trade Act of 1974, as amended. The notice was published in the Federal 
Register on April 6, 1999 (64 FR 16752).
    One of the petitioners requested administration reconsideration of 
the Department's negative determination applicable to workers of 
Buckeye, Incorporated. The petitioner did not present any new 
substantial information which would bear importantly on the 
Department's determination, and the application was dismissed on March 
16, 1999. The dismissal notice was published in the Federal Register on 
March 30, 1999 (64 FR 15174).
    The Department just recently received a copy of the petitioner's 
April 14, 1999 request for judicial review filed with the U.S. Court of 
International Trade (USCIT), Buckeye v. Herman, Court No. 99-04-00222, 
regarding the Department's denial of eligibility for workers of 
Buckeye, Incorporated, Midland, Texas to apply for TAA.
    New information submitted to the USCIT by the Buckeye petitioner, 
which was not shared with the Department at the time of the petitioners 
request for administrative reconsideration, provides a description of 
the work performed by the drilling fluid technicians of the subject 
firm. Based on this new information the Department reopened the 
investigation.
    New findings on reopening show that while the initial petition 
investigation found that workers of Buckeye, Incorporated, Midland, 
Texas, were preliminary truck drivers providing transport services, 
other workers were swampers (delivery assistants), as well as drilling 
fluid technicians that provided services for unaffiliated crude oil 
producers at the well sites. This new information shows that drilling 
fluid technicians are engaged in employment related to the production 
of crude oil for unaffiliated firms. Since the truck drivers and 
swampers are providing support services for the drilling fluid 
technicians of Buckeye, Incorporated, they can do also be considered 
providing support services related to the production workers of the 
subject firm.
    Sales and employment at the subject firm declined from 1997 to 
1998.
    The investigation disclosed that customers of Buckeye, 
Incorporated, Midland, Texas, were major crude oil producers who market 
their oil through the normal distribution channels. Workers of firms 
engaged in employment related to the production of crude oil have been 
impacted by the high penetration of imports in this market. U.S. 
imports of crude oil increased absolutely and relative domestic 
shipments from 1996 to 1997 and in January-October 1998 compared with 
the same 1997 time period. The ratio of imports to domestic shipments 
for crude oil is over 100% from 1997 through October 1998.

Conclusion

    After careful consideration of the new facts obtained on reopening, 
it is concluded that increased imports of articles like or directly 
competitive with crude oil contributed importantly to the decline in 
sales and to the total or partial separation of workers at the subject 
firm. In accordance with the provisions of the Trade Act of 1974, I 
make the following revised determinations on reopening:

    All workers of Buckeye, Incorporated, Midland, Texas, who became 
totally or partially separated from employment on or after January 
8, 1998, are eligible to apply for adjustment assistance under 
Section 223 of the Trade Act of 1974.

    Signed at Washington, D.C. this 18th day of May 1999.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 99-13416 Filed 5-25-99; 8:45 am]
BILLING CODE 4510-30-M