[Federal Register Volume 67, Number 46 (Friday, March 8, 2002)]
[Notices]
[Pages 10769-10770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5571]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-39,611]


HR Textron Cadillac Gage, David Brown Hydraulics, Greenville, OH; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By application of August 24, 2001, the Excello Independent Union 
requested administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA). The 
denial notice applicable to workers of HR Textron Cadillac Gage, David 
Brow Hydraulics, Greenville, Ohio was issued on July 18, 2001, and was 
published in the Federal Register on August 6, 2001 (66 FR 41052).
    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 investigation findings revealed that criterion (3) of the group 
eligibility requirements of section 222 of the Trade Act of 1974 was 
not met. The decision was based on imports not contributing importantly 
to the decline in employment at the subject plant. The decline in 
employment was related to a domestic shift in plant production. The 
workers produced hydraulic pumps and turret systems for military tanks.
    The request for reconsideration alleges that hydraulic pumps are 
imported from an affiliated plant located in Poole, England.
    A review of the investigation and clarification from the company 
indicates that during the relevant period of the investigation, the 
subject plant workers assembled hydraulic pumps from imported hydraulic 
pump components produced at an affiliated plant located in Poole, 
England. The Poole, England plant shipped the components to the subject 
plant, but did not import the completed hydraulic pumps to the United 
States (except under rare occasions) during the relevant period.

[[Page 10770]]

    New information provided by the company shows that the Poole 
facility began shipping completed hydraulic pumps back to the United 
States during December 2001, which is beyond the scope of the relevant 
period of the initial investigation. Therefore, petitioners are 
encouraged to reapply for TAA, so an investigation can be conducted to 
establish these new facts as they relate to the workers of the subject 
firm during the relevant time frame.

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 4th day of February 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-5571 Filed 3-7-02; 8:45 am]
BILLING CODE 4510-30-M