[Federal Register Volume 68, Number 36 (Monday, February 24, 2003)]
[Notices]
[Page 8630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4283]



[[Page 8630]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-41,723]


Snorkel International, Omniquip Textron, Inc., Elwood, KS; Notice 
of Negative Determination Regarding Application for Reconsideration

    By application received on October 4, 2002, a petitioner 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 Snorkel International, Omniquip 
Textron Inc., Elwood, Kansas was signed on September 9, 2002, and 
published in the Federal Register on September 27, 2002 (67 FR 61160).
    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 Snorkel 
International, Omniquip Textron Inc., Elwood, Kansas, engaged in 
activities related to production of aerial work platforms, was denied 
because the ``contributed importantly'' group eligibility requirement 
of section 222(3) of the Trade Act was not met. The contributed 
importantly test is generally demonstrated through a survey of the 
customers of the workers' firm. Results of the survey revealed that 
customers did not increase their imports of competitive products during 
the relevant period.
    In requesting reconsideration, the petitioner attached a copy of an 
article taken from the company Web site referring to a significant 
shift in production from the Kansas facility to New Zealand.
    As the same article was attached to the petition, a company 
official was contacted during the initial investigation to clarify the 
facts in the Web site article. The official revealed that, there is a 
company facility in New Zealand, but it does not service domestic 
customers and the company does not import aerial work platforms from 
this facility to the United States.
    The company official further indicated that the article in question 
had been put on the Web site without official authorization from the 
company and was purely speculative.

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 3rd day of February, 2003.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 03-4283 Filed 2-21-03; 8:45 am]
BILLING CODE 4510-30-P