[Federal Register: October 16, 2006 (Volume 71, Number 199)]
[Notices]
[Page 60763-60764]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc06-83]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-59,463]
Ash Grove Cement Company Rivergate Lime Plant; Portland, OR;
Notice of Negative Determination on Reconsideration
On August 7, 2006, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the workers
and former workers of Ash Grove Cement Company, Rivergate Lime Plant,
Portland, Oregon (subject firm). The Department's Notice of Affirmative
Determination was published in the Federal Register on September 26,
2006 (71 FR 56169). Although the petition states that the subject firm
produces calcium oxide, the investigation revealed that ground
limestone, ground dolomite, and calcium hydroxide are produced as well
as calcium oxide. The subject workers are not separately identifiable
by product line. The petitioner (the subject firm) requested that the
Department consider TA-W-59,463 as both a primary and secondary
petition.
The petition for the workers of the subject firm was denied because
there was no shift of production and the ``contributed importantly''
group eligibility requirement of section 222 of the Trade Act of 1974,
as amended, was not met. The ``contributed importantly'' test is
generally demonstrated through increased imports by either the subject
firm or its customers of those articles produced by the subject worker
group.
The investigation revealed that although calcium oxide production
had ceased, there was no shift of production from the subject facility
to a country that is party to a free trade agreement with the United
States, or a country that is named as a beneficiary under the Andean
Trade Preference Act, the African Growth and Opportunity Act or the
Caribbean Basin Economic Recovery Act. The investigation also revealed
that neither the subject firm nor its customers increased imports of
calcium oxide during the relevant period.
Because the determination did not state whether the subject worker
group is eligible for TAA as workers of a secondarily-affected firm,
the Department issued the Notice of Affirmative Determination Regarding
Application for Reconsideration.
In the initial petition, the company official asserts that the
subject firm supplied calcium oxide to Oregon Steel Mills (TAA
certified on May 9, 2003; TA-W-50,706). In the request for
reconsideration, the company official stated that ``calcium oxide
produced at the plant is sold for a variety of end uses but is
primarily used in the iron and steel making industry.'' The company
official also asserts that the closure of Oregon Steel Mills, Portland,
Oregon in May 2003 (one of two major customers) and the subject firm's
inability to secure another high-volume customer led to the closure of
the calcium oxide line and the workers' separations.
During the reconsideration investigation, the company official
confirmed that calcium oxide production ceased at the subject facility
on May 31, 2006. Calcium oxide constituted a meaningful portion of
production at the subject facility.
During the reconsideration investigation, the company official
provided new information that indicated that there are several major
declining calcium oxide customers during the relevant period. In
response to this new information, the Department carefully reviewed
previously-submitted information and conducted a new survey to
determine whether these customers had increased import purchases of
calcium oxide while declining their purchases from the subject firm
during the relevant period. The reconsideration investigation revealed
no increased imports of calcium oxide by these customers.
For certification on the basis of the workers' firm being a
secondary upstream supplier, the subject firm must have customers that
are TAA certified during the relevant period and the TAA certified
customers must represent a significant portion of subject firm's
business during the relevant period. In addition, the subject firm
would have to produce a component part of the product that was the
basis for the customers' certification.
Because the TAA certification for Oregon Steel Mills, Portland,
Oregon
[[Page 60764]]
had expired on May 9, 2005, that customer cannot be a basis for
certification of the subject firm as an affected secondary upstream
supplier. Further, since Oregon Steel Mills, Portland, Oregon ceased
production in May 2003, that customer cannot have represented a
significant portion of the subject firm's business during the relevant
period. As such, the subject workers are not eligible for TAA under
secondary impact.
In order for the Department to issue a certification of eligibility
to apply for ATAA, the subject worker group must be certified eligible
to apply for TAA. Since the subject workers are denied eligibility to
apply for TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker adjustment
assistance for workers and former workers of Ash Grove Cement Company,
Rivergate Lime Plant, Portland, Oregon.
Signed at Washington, DC, this 28th day of September, 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-17105 Filed 10-13-06; 8:45 am]
BILLING CODE 4510-30-P