[Federal Register Volume 67, Number 96 (Friday, May 17, 2002)]
[Notices]
[Page 35157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12403]


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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-5397]


Connolly North America, El Paso, Texas; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated December 4, 2001, petitioners 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 November 15, 2001, and was published in the 
Federal Register on November 30, 2001 (66 FR 59817).
    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 denial of NAFTA-TAA for workers engaged in activities related 
to the production of leather and leather products (used by the 
automotive industry, i.e., seating components) at Connolly North 
America, El Paso, Texas, 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 leather or leather products from Mexico or Canada, 
nor did the subjects firm shift production from El Paso, Texas to 
Mexico or Canada.
    The petitioner requested administrative reconsideration based on a 
major customer switching their purchases of leather and leather 
products from the subject firm in favor of producing the products at 
the customer's affiliated location in Mexico.
    Based on data supplied during the initial investigation, the 
allegation by the petitioner is consistent with what the subject firm 
provided. The loss of a customer and the decision by the customer to 
produce the leather and leather products in Mexico and the further 
processing of these products into car seat components in Mexico does 
not meet the eligibility requirements of the group eligibility 
requirements of paragraph (a)(1) of section 250 of the Trade Act, as 
amended.
    However, based on the data supplied, the Department will evaluate 
if the firm is secondarily impacted under the North American Free Trade 
Agreement (NAFTA) Implementation Act.

Conclusion

    After review of the application and investigation 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 15th day of April 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-12403 Filed 5-16-02; 8:45 am]
BILLING CODE 4510-30-M