[Federal Register Volume 68, Number 118 (Thursday, June 19, 2003)]
[Notices]
[Page 36855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15471]



[[Page 36855]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-50,179]


SMT, Inc., Hanover, MI; Notice of Negative Determination 
Regarding Application for Reconsideration

    By application of May 8, 2003, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on April 4, 2003, and 
published in the Federal Register on April 24, 2003 (68 FR 20177).
    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 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The petition for the workers of SMT Automotive, Inc., Schrader 
Machine & Tool, Hanover, Michigan 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 
customers of the workers' firm. The survey revealed that none of the 
respondents increased their purchases of imported metal brackets and 
braces. The investigation revealed that company did not import metal 
brackets and braces in the relevant period, nor did it shift production 
to a foreign facility.
    The petitioner alleges that ``eight jobs * * * went to Raccine 
(sic) in Mexico'' and proceeds to list several part numbers.
    When the petitioner was contacted for clarification on these 
allegations, the Department was referred to a former company official 
who had provided the information initially. This former company 
official stated that the parts listed in the reconsideration request 
concerned a Mexican customer. Foreign customers are not relevant in TAA 
investigations.

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 3rd day of June, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-15471 Filed 6-18-03; 8:45 am]
BILLING CODE 4510-30-P