[Federal Register Volume 64, Number 200 (Monday, October 18, 1999)]
[Notices]
[Pages 56231-56232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27082]


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DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-36, 567]


Rust Tractor Company, Silver City, New Mexico; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated August 25, 1999, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed August 4, 1999, and 
published in the Federal

[[Page 56232]]

Register on September 29, 1999 (64 FR 52539).
    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 petitioner acknowledges that the workers of Rust Tractor do not 
produce an article but asserts that the company is the only 
``Caterpillar Licensed'' dealer in New Mexico and El Paso, and as such, 
considers the workers to be a subsidiary of Caterpillar, Inc. The 
petitioner states that the Rust Tractor layoffs were attributable to 
the loss of revenue resulting from competition from Komatsu haul trucks 
made in Japan.
    The TAA petition, filed on behalf of workers of Rust Tractor 
Company, Silver City, New Mexico, engaged in employment related to 
selling and servicing of heavy equipment was denied because the workers 
provided a service and did not produce an article as required in 
Section 222(3) of the Trade Act of 1974, as amended. The Department 
does stand corrected that the workers of Rust Tractor Company, Silver 
City, New Mexico provided their services to the copper industry, not 
the petroleum industry as reported in the Department's August 4, 1999 
determination. The findings of the investigation revealed that there 
was no corporate affiliation with Caterpillar or any other firm.
    Only in very limited instances are service workers certified for 
TAA, namely the worker separation must be caused by a reduced demand 
for their services from a parent or controlling firm or subdivision 
whose workers produce an article and who are currently under a 
certification for TAA. There is no existing TAA certification for 
workers of Rust Tractor Company.

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 4th day of October 1999.
Grant D. Beale,
Program Manager, Office of Trade Adjustment Assistance.
[FR Doc. 99-27082 Filed 10-15-99; 8:45 am]
BILLING CODE 4510-30-M