[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Notices]
[Page 28899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14286]




[[Page 28899]]

[TA-W-31, 780; TA-W-31, 781]


Cray Research, Incorporated, Eagan, MN; Cray Research, 
Incorporated (CRI) Chippewa Falls, WI; Notice of Negative Determination 
Regarding Application for Reconsideration

    By an application dated March 22, 1996, one of the petitioners 
requested administrative reconsideration of the subject petition for 
trade adjustment assistance. The denial notice was signed on February 
26, 1996 and published in the Federal Register on March 19, 1996 (61 FR 
11223).
    Pursuant to 29 CFR 90.18(c) reconsideration may be granted under 
the following circumstances:
    (1) If it appears on the basis of facts not previously considered 
that the determination complained of was erroneous;
    (2) if it appears that the determination complained of was based on 
a mistake in the determination of facts not previously considered; or
    (3) if in the opinion of the Certifying Officer, a 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The investigation files show that workers of Cray Research, 
Incorporated, Eagan, Minnesota and Cray Research, Incorporated (CRI) 
customer service in Chippewa Falls, Minnesota produced supercomputer 
systems and provided sales, administrative and support services.
    The petitioner claims that aggressive pricing from Japanese 
competitors, contributed to worker separations at the subject firm 
locations in Eagan and Chippewa Falls. The petitioner explains that 
foreign competitors ``dumped'' a supercomputer at a Texas university. 
There were at least two other failed attempts to dump similar systems 
at other U.S. universities. It was only the intervention of the 
Commerce Department coupled with severe price cuts by CRI that averted 
these attempts. However, the documentation submitted by the petition 
shows that these events occurred prior to the time period relevant to 
the investigation.
    The Department's denial was based on the fact that the 
``contributed importantly'' test of the Group Eligibility Requirements 
of Trade Act was not met. The Department was not able to obtain imports 
statistics on supercomputers because there are no provisions for that 
commodity in the Harmonized Tariff Schedule of the United States. To 
determine import impact for workers of Cray Research, the Department 
relied on a survey of the subject firm's customers. The Department's 
survey revealed that none of the respondents purchased imports of 
supercomputer systems in the relevant time period of the investigation, 
which for the full years 1993 through 1995.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or misinterpretation of the law 
or of the facts which would justify reconsideration of the Department 
of Labor's prior decision. Accordingly, the application is denied.

    Signed at Washington, DC, this 16th day of May, 1996.
Russell T. Kile,
Acting Program Manager, Policy and Reemployment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 96-14286 Filed 6-5-96; 8:45 am]
BILLING CODE 4510-30-M