[Federal Register Volume 67, Number 226 (Friday, November 22, 2002)]
[Notices]
[Pages 70464-70465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29695]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-41,167 and NAFTA-05853]


Tri-Way Manufacturing, Inc., El Paso, TX; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated August 9, 2002, the Texas Rural Legal Aid, 
Inc., Displaced Worker Project, requested administrative 
reconsideration of the Department's negative determination regarding 
eligibility to apply for Trade Adjustment Assistance (TAA) under 
petition TA-W-41,167 and North American Free Trade Agreement-

[[Page 70465]]

Transitional Adjustment Assistance (NAFTA-TAA) under NAFTA-5853, 
applicable to workers and former workers of the subject firm. The 
denial notices were signed on June 24, 2002, and published in the 
Federal Register on July 9, 2002 (67 FR 45550 and 45551, respectively).
    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 TAA petition filed on behalf of workers at Tri-Way 
Manufacturing, Inc., El Paso, Texas, engaged in repair and production 
of injection molding 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 the workers firm's 
customers. The survey revealed no imports of injection molds. There 
were no company imports of injection molds during the relevant period.
    The NAFTA-TAA petition for the same group of workers was denied 
because 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 customer or company imports of injection molds from 
Mexico or Canada, nor did the subject firm shift production from El 
Paso to Mexico or Canada.
    The petitioner requested that the Department of Labor survey an 
additional major customer of the subject firm regarding their purchases 
of injection molds.
    On further review, the U.S. Department of Labor conducted a survey 
of an additional customer of the subject firm regarding their purchases 
of injection molds during the 2000 and 2001 periods. The survey 
revealed that the customer did not purchase injection molds from the 
subject firm during the relevant period. In fact, upon further 
clarification from the customer, it was revealed that Tri-Way 
Manufacturing, Inc. only repaired injection molds for the customer.

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 in Washington, DC, this 31st day of October, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-29695 Filed 11-21-02; 8:45 am]
BILLING CODE 4510-30-P