[Federal Register Volume 68, Number 10 (Wednesday, January 15, 2003)]
[Notices]
[Page 2077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-805]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-41,418]


RHO Industries, Buffalo, New York; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of July 29, 2002, the Union of Needletrades 
Industrial and Textile Employees, Rochester Regional Joint Board 
requested administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA). The 
denial notice applicable to workers of RHO Industries, Buffalo, New 
York was issued on June 28, 2002, and was published in the Federal 
Register on July 18, 2002 (67 FR 47400).
    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 investigation findings revealed that criterion (3) of the group 
eligibility requirements of section 222 of the Trade Act of 1974 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. A survey of 
customers indicated that increased imports did not contribute 
importantly to worker separations at the subject firm. The company did 
not import chest piece inter-linings during the relevant period. The 
workers produced chest piece inter-linings.
    The request for reconsideration alleges that the company went out 
of business since they could not raise prices due to alleged foreign 
competition undercutting the company's prices.
    A review of data supplied during the initial investigation shows 
that the company was not impacted by imports of chest piece inter-
linings. The company and a major declining customer that accounted for 
virtually all of the company's sales did not import chest piece inter-
linings during 2000 through March 2002.
    The allegation that the company could not raise prices, due to 
foreign competition undercutting the firms price is not relevant to 
meeting the eligibility requirements of section 223 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 decision. Accordingly, the application is denied.

    Signed at Washington, DC, this 6th day of January 2003.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 03-805 Filed 1-14-03; 8:45 am]
BILLING CODE 4510-30-P