[Federal Register Volume 59, Number 219 (Tuesday, November 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28177]


[[Page Unknown]]

[Federal Register: November 15, 1994]


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DEPARTMENT OF LABOR
[TA-W-29,775]

 

Airfoil Textron, Fostoria, Ohio; Negative Determination Regarding 
Application for Reconsideration

    By an application dated September 7, 1994, after having been 
granted a filing extension, the company requested administrative 
reconsideration of the subject petition for trade adjustment 
assistance. The denial notice was signed on July 21, 1994 and published 
in the Federal Register on August 8, 1994 (59 FR 40370).
    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 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 ``contributed importantly'' test is generally demonstrated 
through a survey of the workers' firm's customers. The Department's 
survey revealed that none of the respondents increased their purchases 
of imports while decreasing their purchases from Airfoil Textron during 
the relevant period.
    Local #1246 of the United Auto Workers and a company official claim 
that one of Airfoil Textron's domestic customers of vanes reduced their 
purchases from Fostoria and gave the order to an Israeli firm.
    A review of the investigation file shows that the Fostoria workers 
were certified earlier under TA-W-24,990 because Airfoil Textron lost a 
bid for P.W. 4000 vanes to an Israeli firm which submitted a lower bid. 
The Fostoria workers were certified through December 18, 1992 under TA-
W-24,990.
    The findings also show that the P.W. 4000 vanes which are used on 
commercial aircraft accounted for about 10 percent of Fostoria's sales 
in 1992. There was no production of the P.W. 4000 vanes in 1993. These 
findings would not provide a basis for a worker group certification.
    Industry sources indicates that recent deferrals and cancellations 
of aircraft orders by the domestic airlines in 1993 and 1994 affected 
engine and engine parts orders for those aircraft.

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 2nd day of November 1994.
Victor J. Trunzo,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 94-28177 Filed 11-14-94; 8:45 am]
BILLING CODE 4510-30-M