[Federal Register Volume 59, Number 61 (Wednesday, March 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7529]


[[Page Unknown]]

[Federal Register: March 30, 1994]


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DEPARTMENT OF LABOR
[TA-W-29, 101]

 

Heintz Corp. Philadelphia, PA Notice of Negative Determination 
Regarding Application for Reconsideration

    By an application dated February 25, 1994, Counsel for the workers 
requested administrative reconsideration of the subject petition for 
trade adjustment assistance, TAA. The denial notice was published in 
the Federal Register on February 3, 1994 (59 FR 5212).
    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.
    Investigation findings show that the workers primarily produced 
aircraft engine parts. All workers were permanently laid off when the 
plant shutdown in June, 1993.
    Counsel for the workers states that the Department did not consider 
the direct and indirect effects of foreign competition and the losses 
caused by the exportation of products by two of its customers.
    The Department's denial was based on the fact that both the 
increased import criterion and the ``contributed importantly'' test of 
the Group Eligibility Requirements of the Trade Act were not met. The 
``contributed importantly'' test is generally demonstrated through a 
survey of the workers' firm's customers and/or a survey of projects for 
which the workers' firm submitted unsuccessful bids.
    U.S. aggregate imports of parts for turboprop and turbojet and 
aircraft engines declined in the 12-month period of September through 
August 1992-1993, as compared to the same period one year earlier.
    The Department's survey of major declining customers revealed that 
most of the respondents did not purchase imported aircraft engine parts 
in 1992 or in the first six months of 1993. The survey further revealed 
that the few respondents which increased their import purchases in 1992 
compared to 1991 did not decrease their purchases from Heintz during 
that period. Further, these respondents decreased their purchases of 
imports while increasing their purchases from other domestic firms.
    The findings show that several customers commented that they would 
have continued business with Heintz had Heintz remained open for 
business.
    The Department's survey of Heintz' major unsuccessful bids shows 
that the successful awardees were other domestic firms.
    Finally, the two major customers cited by counsel were included in 
the Department's surveys.
    Foreign competition and the exportation of products, in themselves, 
would not form a basis for a worker group certification. The basis for 
certification under the worker adjustment assistance program is 
increased imports of articles that are like or directly competitive 
with those produced at the workers' firm and which contributed 
importantly to worker separations and declines in production or sales.

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 22nd day of March 1994.
Stephen A. Wandner,
Deputy Director, Office of Legislation and Actuarial Service, 
Unemployment Insurance Service.
[FR Doc. 94-7529 Filed 3-29-94; 8:45 am]
BILLING CODE 4510-30-M