[Federal Register Volume 62, Number 228 (Wednesday, November 26, 1997)]
[Notices]
[Pages 63199-63200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31058]


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DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-33,353]


Technotrim, Incorporated Greencastle, Indiana; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated June 6, 1997, the peer counselor for 
TechnoTrim's dislocated worker group, hereafter referred to as the 
petitioners, requested administrative reconsideration of the 
Department's negative determination regarding worker eligibility to 
apply for trade adjustment assistance. The denial notice applicable to 
workers of the subject firm located in Greencastle, Indiana, was signed 
on May 20, 1997, and will soon be published in the Federal Register.
    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.
    Findings of the investigation showed that workers of TechnoTrim, 
Incorporated were engaged in employment related to the Production of 
automobile set covers. The petitioners assert that workers of the 
subject firm produced seat covers for pick-up trucks, not automobiles. 
The Department's reference to automobile seat covers in the final 
determination is intended to include light trucks.
    The petitioners assert that production at the subject firm was 
shifted to Hyperion for 90 days so that the sewing machines could be 
shipped from Greencastle, Indiana to Mexico. The petitioners add that 
Hyperion is not a TechnoTrim plant but another domestic facility 
located in Lewisburg, Tennessee. The petitioners assert that the office 
equipment at Greencastle was

[[Page 63200]]

also shipped to Mexico. Transfer of production from the subject firm to 
another domestic facility, whether or not corporate affiliated, and the 
shift of equipment to Mexico are not a basis for a worker group 
certification under the Trade Act of 1974, as amended.
    In order to issue a worker group certification, the Department must 
be able to show that increased imports of articles like or directly 
competitive with the products produced at the workers' firm contributed 
importantly to the worker separations.
    The Department's denial of TAA for workers of the subject firm was 
based on the fact that the ``contributed importantly'' test of the 
Group Eligibility requirements of Section 222 of the Trade Act of 1974, 
as amended, was not met. The ``contributed importantly'' test is 
generally demonstrated through a survey of the workers' firm's 
customers. The Department of Labor surveyed the major declining 
customers of the subject firm regarding their purchases of automobile 
seat covers. None of the respondents increased their import purchases 
of seat covers while decreasing their purchases form TechnoTrim, 
Incorporated. The company reports that it does not import seat covers 
from foreign sources.

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, D.C. this 31st day of October 1997.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 97-31058 Filed 11-25-97; 8:45 am]
BILLING CODE 4510-30-M