[Federal Register Volume 66, Number 218 (Friday, November 9, 2001)]
[Notices]
[Page 56715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28173]


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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-04372]


Bermo Incorporated, Sauk Rapids, MN; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of May 31, 2001, the IUE-CWA Local 1140 requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for North American Free Trade Agreement-
Transitional Adjustment Assistance. The denial notice applicable to 
workers of Bermo Incorporated, Sauk Rapids, MN was April 19, 2001 and 
published in the Federal Register on May 3, 2001 (66 FR 22262).
    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 NAFTA-TAA petition for the same worker group was denied because 
criteria (3) and (4) of the group eligibility requirements in paragraph 
(a)(1) of section 250 of the Trade Act, as amended, were not met. 
Imports from Canada or Mexico did not contribute importantly to worker 
separations. There was no shift in production from the subject firm to 
Canada or Mexico during the relevant period.
    The union (including written notarized statements by subject plant 
workers) allege that the company moved subject plant equipment (i.e., 
tooling, presses and some machines) to Guadalajara, Mexico.
    A shift in plant equipment (new or used) to Mexico is not relevant 
to this petition that was filed on behalf of workers producing 
electronic closures. A shift in the production of the actual products 
produced at the subject plant is necessary as described in criterion 
(4). Although the company shifted plant machinery to Mexico, the 
company indicated that no plant production was transferred from the 
Sauk Rapids facility to Guadalajara, Mexico. The electronic enclosures 
produced at the subject plant were produced for a specific customer and 
that production was not shifted to Mexico. The small amount of 
production performed at the Guadalajara facility consisted of products 
not produced at the subject plant. The company sold the Guadalajara 
plant shortly after production commenced.

Conclusion

    After review of the application and investigation findings, I 
conclude that there has been no error or misinterpretation of the law 
of of the facts which would justify reconsideration of the Department 
of Labor's prior decisions. Accordingly, the application is denied.

    Signed at Washington, DC, this 25th day of October, 2001.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 01-28173 Filed 11-8-01; 8:45 am]
BILLING CODE 4510-30-M