[Federal Register: April 16, 2004 (Volume 69, Number 74)]
[Notices]
[Page 20645]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap04-89]
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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