[Federal Register: January 13, 2004 (Volume 69, Number 8)]
[Notices]
[Page 2009-2010]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja04-95]
-----------------------------------------------------------------------
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
[[Page 2010]]
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