[Federal Register Volume 67, Number 104 (Thursday, May 30, 2002)]
[Notices]
[Pages 37869-37870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13537]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-39,522]


JLG Industries Inc., Bedford, PA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application post marked March 1, 2002, a worker requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on January 14, 2002, and 
published in the Federal Register on January 31, 2002 (67 FR 4749).
    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 petition for the workers of JLG Industries Inc., Bedford, 
Pennsylvania was denied because the ``contributed importantly'' group 
eligibility requirement of section 222(3) of the Trade Act of 1974, as 
amended, was not met. The ``contributed importantly'' test is generally 
demonstrated through a survey of customers of the workers' firm. The 
survey revealed that none of the respondents increased their purchases 
of imported scissor lift aerial work platforms, while decreasing their 
purchases from the subject firm during the relevant period. The 
investigation further revealed that the company did not import products 
like or directly competitive with scissor lift aerial work platforms 
produced at the subject firm during the relevant period.
    The petitioner requested that the Department of Labor examine the 
facts pertaining to the company opening up

[[Page 37870]]

a new plant located in Belgium that produces the same product as the 
subject firm.
    A review of the initial investigation shows that the Belgium plant 
produced scissor lift aerial work platforms exclusively for the 
European market.
    The company also filed a request dated March 5, 2002 for 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for TAA. However, the 
request was received beyond the 30 day requirement to apply from the 
date the decision was published in the Federal Register.
    That request expressed concerns that a major foreign producer of 
products, like or directly competitive with what the subject plant 
produced cut into the subject firm's market share after the closure of 
the subject firm.
    The survey conducted by the Department of Labor examines the 
customer's purchases of products like or directly competitive with what 
the subject plant produces during the relevant time period. The survey 
requests information regarding customer's purchases from the subject 
firm, purchases from other domestic sources (including a breakout of 
imported products purchased from other domestic sources) and purchases 
of imported products ``like or directly competitive'' with what the 
subject plant produces. The survey shows that the respondents reported 
simultaneous declines in their purchases from the subject firm, other 
domestic sources and imports, indicating that the layoffs at the 
subject plant are a factor of reduced demand rather than ``imports 
contributing importantly'' to the layoffs 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 May, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-13537 Filed 5-29-02; 8:45 am]
BILLING CODE 4510-30-P