[Federal Register Volume 67, Number 104 (Thursday, May 30, 2002)]
[Notices]
[Page 37870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13538]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-39,593]


Muruta Electronics, North America Inc., State College Operations, 
State College, PA; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application dated March 5, 2002, the workers 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 February 20, 2002, and 
published in the Federal Register on March 5, 2002 (67 FR 9324).
    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 Muruta Electronics, North America 
Inc., State College Operations, State College, 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 
capacitors, while decreasing their purchases from the subject firm 
during the relevant period. The investigation further revealed that the 
subject firm decreased their purchases of imported capacitors during 
the relevant period.
    The petitioner believes that the company shifted a meaningful 
portion of plant capacitor production to a foreign source, and is 
importing the capacitors back to the State College plant.
    A review of the data supplied by the company during the initial 
investigation shows that company capacitors imports declined during the 
relevant period. In fact, the imports declined at a greater rate than 
the capacitor production at the subject plant.
    The petitioner also feels that the survey results may not reflect 
accurate reported customer capacitor imports, since customers may not 
know if the capacitors they purchased were produced at the subject firm 
or produced in a foreign country.
    One customer reported that they were not sure if the capacitors 
purchased from the subject firm were produced domestically or imported. 
That customer, however, estimated the amounts they believed were 
imported during the specified periods of the survey. That respondent 
and the other respondent(s) reported capacitor imports declined sharply 
during the relevant period.
    Further review shows that aggregate U.S. imports of capacitors 
declined sharply in 2001 over the corresponding 2000 period, followed 
by further steep declines during the January through February 2002 
period over the corresponding 2001 period.
    Based on the declining import factors discussed above, imports did 
not ``contribute importantly'' to the declines in employment at the 
subject firm.

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. 02-13538 Filed 5-29-02; 8:45 am]
BILLING CODE 4510-30-P