[Federal Register Volume 67, Number 140 (Monday, July 22, 2002)]
[Notices]
[Pages 47865-47866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18421]


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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-05755]


Delphi Automotive Systems Corporation, Delphi Delco Electronics 
Division, Body and Security Team, Oak Creek, WI; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated May 10, 2002, 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 16, 2002, and was published in the 
Federal Register on May 2, 2002 (67 FR 22115).
    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;

[[Page 47866]]

    (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 performing engineering design 
work at Delphi Automotive Systems Corporation, Delphi Electronics 
Division, Body and Security Team, Oak Creek, Wisconsin was based on the 
finding that the workers do not produce an article as required for 
certification under Section 250(a) of the Trade Act of 1974, as 
amended.
    The petitioners allege that the workers produce a product 
(prototypes) and that work performed by the subject firm workers was 
shifted to Mexico.
    Review of the investigation shows that subject workers were engaged 
in engineering design work. Workers at the subject site were also 
engaged in minor modifications of prototypes that were built at another 
affiliated domestic facility and then transferred to the subject plant. 
The engineering design work was shifted to Mexico, no functions 
relating to minor modifications to the prototypes were shifted to 
Mexico. The Mexican site is strictly engineering focused, no prototype 
production is being performed there. The engineering design activities 
that were shifted to Mexico are service functions only. No subject 
plant production was shifted to Mexico. Therefore, the workers at the 
subject firm do not meet the eligibility requirements under section 250 
of the Trade Act of 1974.

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 decisions. Accordingly, the application is denied.

    Signed at Washington, DC, this 18th day of June, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-18421 Filed 7-19-02; 8:45 am]
BILLING CODE 4510-30-P