[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Notices]
[Page 53256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26361]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-38,698]


Powermatic Corporation, Walter Meyer Holding, AG, McMinnville, 
TN; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application of May 30, 2001, the United Steelworkers of America 
(USWA), District 9, requested administrative reconsideration of the 
Department's negative determination regarding worker eligibility to 
apply for trade adjustment assistance, applicable to workers of the 
subject firm. The denial notice was signed on April 6, 2001, and was 
published in the Federal Register on May 2, 2001 (66 FR 22006).
    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 petition denial for the workers of Powermatic Corporation, 
Walter Meyer Holding, AG, McMinnville, Tennessee was denied based on 
the finding that criterion (2) of the group eligibility requirements of 
Section 222 of the Trade Act of 1974, as amended, was not met. Sales 
and/or production at the plant did not decline.
    The request for reconsideration states that the Union and workers 
are of the opinion that plant sales and/or production decreased 
absolutely. The USWA also asserts that the products produced at the 
plant have been adversely affected by the use of imported components.
    In response to components being imported by the company, it was 
determined in the original investigation that the company sourced out 
all components to domestic producers and then assembled industrial 
wood-working machinery at the plant. The components for the plants 
other product line (home-hobby) were always made in Taiwan and the end 
product assembled at the subject plant.
    The USWA provided additional plant sales figures regarding the 
trends in sales for the time period corresponding to that of the 
initial investigation. The figures provided by the USWA depict 
increased sales similar to the period available during the original 
investigation.
    Workers, the Union or company official may reapply for Trade 
Adjustment Assistance should conditions warrant.

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 28th day of September 2001.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 01-26361 Filed 10-18-01; 8:45 am]
BILLING CODE 4510-30-M