[Federal Register Volume 66, Number 234 (Wednesday, December 5, 2001)]
[Notices]
[Pages 63262-63263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30065]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-38,900]


Borg Warner Air/Fluid Systems Corporation, Water Quality Valley, 
MS; Notice of Negative Determination on Reconsideration

    On October 29, 2001, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The notice will soon be 
published in the Federal Register.
    The Department initially denied TAA to workers of Borg Warner Air/
Fluid Systems Corporation, Water Valley, Mississippi based on criterion 
(2) of the group eligibility requirements of section 222 of the Trade 
Act of 1974, as amended, not being met. The workers at the subject firm 
were engaged in employment related to the production of transmission 
control solenoids, transmission control modules, throttle bodies, and 
air suspension control solenoids.
    The petitioner indicated that the Department of Labor reviewed the 
wrong sales and production period. The petitioner also indicated that 
the layoffs pertaining to the original investigation were the direct 
result of anticipated reduced orders from the subject firm's major 
customer. The petitioner further indicated that increased imports of 
automobiles reduced the demand for the customers' products and in turn 
the customer reduced their purchases from the subject plant.
    The Department, upon the request of the petitioner, acquired 
additional subject plant sales and production data for an additional 
portion of the relevant period. That data were not available during the 
initial investigation. The additional data obtained from the

[[Page 63263]]

company depict increases in plant sales and production.
    The petitioner's statement regarding reduced orders by their major 
customer is not relevant unless declines in sales and production occur 
during the period of the investigation. Since plant sales and 
production increased during the scope of the initial investigation, 
criterion 2 of the group eligibility requirement was not met. If these 
conditions changed since the initial decision, the petitioners are 
encouraged to reapply for TAA group eligibility.
    The petitioner's statements that increased import competition of 
automobiles may have impacted the customer of the subject firm is not a 
relevant factor to the petition that was filed on behalf of workers 
producing components for automobiles at the subject plant. The products 
imported must be like and directly competitive with those products 
produced at the subject firm to meet the ``contributed importantly'' 
criterion.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Borg Warner Air/Fluid Systems 
Corporation, Water Valley, Mississippi.

    Signed at Washington, DC this 13th day of November 2001.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 01-30065 Filed 12-4-01; 8:45 am]
BILLING CODE 4510-30-M