[Federal Register Volume 66, Number 234 (Wednesday, December 5, 2001)]
[Notices]
[Page 63267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30064]


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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-4523]


York International Corporation Portland, Oregon; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated June 26, 2001, the Sheet Metal Workers' 
International Association, Local Union No. 16, requested administrative 
reconsideration of the Department's negative determination regarding 
eligibility to apply for North American Free Trade Agreement-
Transitional Adjustment Assistance (NAFTA-TAA), applicable to workers 
and former workers of the subject firm. The denial notice was signed on 
June 7, 2001, and was published in the Federal Register on June 27, 
2001 (66 FR 34257).
    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 the law justified reconsideration of the 
decision.
    The denial of NAFTA-TAA for workers engaged in activities related 
to the production of custom air handling systems at York International 
Corporation, Portland, Oregon, was based on the finding that criteria 
(3) and (4) of the group eligibility requirements of paragraph (a)(1) 
of section 250 of the Trade Act, as amended, were not met. There were 
no company imports of custom air handling systems from Mexico or 
Canada, nor did York International Corporation shift production from 
Portland, Oregon to Mexico or Canada. Major customers did not reduce 
their purchases from the subject firm.
    The petitioner alleges that competitors of the subject plant import 
products like and directly with what the subject plant produced from 
Canada and Mexico. The Department normally analyzes the impact of 
imports on the subject firm workers through a survey of declining 
customers to examine if the firm's domestic customers switched 
purchases from the subject firm in favor of foreign produced products 
during the relevant period. There were no subject firm customers' sales 
declines during the relevant period. Therefore, any imports from Canada 
or Mexico are not a major contributing factor to the worker separations 
at the subject plant.

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 6th day of November 2001.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 01-30064 Filed 12-4-01; 8:45 am]
BILLING CODE 4510-30-M