[Federal Register Volume 66, Number 158 (Wednesday, August 15, 2001)]
[Notices]
[Page 42891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20545]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-38,301]


York International Unitary Products Group, Elyria, OH; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated March 5, 2001, petitioners 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 on February 20, 2001, and 
published in the Federal Register on April 5, 2001 (66 FR 18117).
    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 its 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 investigation findings for the February 20 denial of TAA for 
workers of York International, producing residential and light 
commercial heating and air conditioning products in Elyria, Ohio showed 
that criterion (3) of the group eligibility requirements of section 222 
of the Trade Act was not met. There were no company imports of the 
above-mentioned products.
    The petitioner asserts that when the subject firm plant closes the 
production of evaporator coils and air handling units will be 
transferred to Monterrey, Mexico. The petition investigation revealed 
that the company does not import products like or directly competitive 
with that which was produced in Elyria, Ohio. While there are company 
plans to relocate the production of evaporator coils and air handling 
units from its Elyria, Ohio facility to Monterrey, Mexico until such 
time as this occurs and the products are imported back into the United 
States, criterion (3) is not met.
    The workers of York International may wish to consider filing a 
petition for NAFTA-Transitional Adjustment Assistance.

Conclusion

    After review of the application and investigation 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 in Washington, DC this 2nd day of August, 2001.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 01-20545 Filed 8-14-01; 8:45 am]
BILLING CODE 4510-30-M