[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] ----------------------------------------------------------------------- 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