[Federal Register Volume 67, Number 138 (Thursday, July 18, 2002)]
[Notices]
[Pages 47403-47404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18080]


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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-5918]


Britax Heath Techna, Inc. Aircraft Interior Systems, Bellingham, 
WA; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated May 23, 2002, the 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 April 22, 2002, and was published in the 
Federal Register on May 2, 2002 (67 FR 22113).
    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 mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The denial of NAFTA-TAA for workers engaged in activities related 
to retrofitting various commercial aircraft interior components and 
services at Britax Heath Techna, Inc., Aircraft Interior Systems, 
Bellingham, Washington, was denied based on the workers not producing 
an article as required for certification under section 250(a), 
Subchapter D, Chapter 2, Title II, of the Trade Act of 1974, as 
amended.
    The petitioner alleges that the company was engaged in the 
production of a product. The petitioner indicated that the subject firm 
in combination of retrofitting aerospace interior components, also 
produced (OEM) Original Engineered Manufacturing Aerospace components. 
The petitioner further alleges that firm sales declined due to a 
decline in orders from foreign customers and a major U.S. aircraft 
manufacturer.
    The Department of Labor upon further review of the initial decision 
and further contact with the company concurs with the petitioner that a 
portion of the work performed by the workers at the subject plant 
consisted of activities related to the production of a product (OEM 
Aerospace components).
    A review of company data supplied during initial investigation and 
further contact with the company shows that there were no company 
imports of OEM Aerospace components from Mexico or Canada, nor did the 
subject firm shift production from Bellingham, Washington to Mexico or 
Canada.
    Further review of data supplied during the initial investigation, 
in conjunction with data recently supplied by the company, show that 
the subject firm's customers are located worldwide, with the 
overwhelming majority of sales directed towards foreign customers. 
Based on information provided by the company, a significant portion of 
the

[[Page 47404]]

declines in sales and production at the subject firm are attributed to 
a worldwide slow down in the airline industry during the relevant 
period, which thus impacted the retrofitting aerospace interior 
components business. The events of September 11, 2001 further impacted 
the demand for the subject firm's products.
    Therefore, imports from Canada or Mexico of products ``like or 
directly competitive'' with what the subject plant produced did not 
``contribute 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 5th day of July 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-18080 Filed 7-17-02; 8:45 am]
BILLING CODE 4510-30-P