[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Notices]
[Pages 6658-6659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3855]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-31,385]


Johnon Controls Battery Group, Inc. Louisville, KY; Notice of 
Negative Determination on Reconsideration

    On November 30, 1995, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for workers and 
former workers of the subject firm. The notice was published in the 
Federal Register on December 12, 1995 (60 FR 63733).
    The Department's initial denial was based on the fact that 
criterion (3) of the group eligibility requirements of the Trade Act 
was not met. The investigation revealed the production at the subject 
plant was being transferred domestically. Other findings showed there 
were no sales, production or employment declines at the firm prior to 
the implementation of the transfer.
    The petitioner alleges layoffs were attributable to a shift in 
production of automobile batteries from the subject firm to a foreign 
owned facility where they produce both new and aftermarket batteries. 
The petitioner claims that the batteries are being returned to the 
United States in new cars. However, the Department must examine the 
impact of imports of products like and directly competitive with the 
product produced at the subject firm, which in this case is automobile 
batteries.
    Findings on reconsideration show that the ``contributed 
importantly'' test of the increased import criterion of the Group 
Eligibility Requirements of the Trade Act was not met. The 
``contributed importantly'' test is generally demonstrated through a 
survey of the workers' firm's customers. The Department surveyed the 
customers of the subject firm's Louisville, Kentucky location. 
Customers report that they did not increase their imports 

[[Page 6659]]
of automobile batteries while reducing their purchases from the subject 
firm during the time period relevant to the investigation. Other 
findings show that the subject firm's Louisville, Kentucky location did 
not import automobile batteries.
    Other findings on reconsideration show that the value of U.S. 
imports of automobile batteries declined in 1994 compared to 1993, and 
in twelve-month period of October through September 1994-1995 compared 
to the same twelve-month time period of 1993-1994.
    Additionally, the petitioner claims that the Department issued 
trade adjustment assistance (TAA) certifications for other Johnson 
Control locations. The Department's review of these TAA certifications 
shows that they were issued because all the worker group criteria 
necessary for certification were met. Each worker group petition is 
determined for certification on its own merits. The Trade Act was not 
intended to provide TAA benefits to everyone who is in some way 
affected by foreign competition but only to those who experienced a 
decline in sales or production and employment and an increase in 
imports of like or directly competitive products which ``contributed 
importantly'' to declines in sales or production and employment.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for adjustment assistance for 
workers and former workers of Johnson Controls Battery Group, Inc., 
Louisville, Kentucky.

    Signed at Washington, DC, this 6th day of February 1996.
Russell T. Kile,
Acting Program Manager, Policy and Reemployment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 96-3855 Filed 2-20-96; 8:45 am]
BILLING CODE 4510-30-M