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[Federal Register: April 24, 2002 (Volume 67, Number 79)]
[Notices]
[Page 20173-20174]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ap02-137]
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DEPARTMENT OF LABOR
Employment and Training Administration
[NAFTA-5471]
SYST-A-MATIC Tool & Design, Inc., Meadville, PA; Notice of
Negative Determination Regarding Application for Reconsideration
By application dated January 10, 2002, the company requested
administrative reconsideration of the Department's negative
determination of the Department's negative determination regarding
eligibility to apply for North American Free Trade Agreement-
Transitional Adjustment Assistance (NAFTA-TAA), applicable to workers
and former workers of the
[[Page 20174]]
subject firm. The denial notice was signed on December 26, 2001, and
was published in the Federal Register on January 11, 2002 (67 FR 1513).
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 denial of NAFTA-TAA for workers engaged in activities related
to the production of connector holders at SYST-A-MATIC Tool & Design,
Meadville, Pennsylvania, was based on the finding that criteria (3) and
(4) of the group eligibility requirements of paragraph (a)(1) of
Section 250 of the Trade Act, as amended, were not met. There were no
company imports of connector holders from Mexico or Canada, nor did
SYST-A-MATIC Tool & Design shift production from Meadville,
Pennsylvania to Mexico or Canada. Major customers did not import from
Canada or Mexico during the relevant period.
The petitioner alleges that a customer of the subject firm that
produced automotive wire harnesses shifted their production to Mexico.
As a result of the shift, the customer is now purchasing their
connector holders from a company is now purchasing their connector
holders from a company located in El Paso, Texas, rather than
purchasing the connector holders from the subject firm. The connector
holder is a component part that is incorporated into the wire harness.
The loss of a customer to another domestic producer, a shift in
production by the customer to Mexico and exports of connector holders
to Mexico by the customer's new supplier do not meet the eligibility
requirements of the group eligibility requirements of paragraph (a)(1)
of Section 250 of the Trade Act, as amended.
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 4th day of April, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-10056 Filed 4-23-02; 8:45 am]
BILLING CODE 4510-30-M
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