[Federal Register Volume 68, Number 118 (Thursday, June 19, 2003)]
[Notices]
[Page 36853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15472]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-50,340]


Lear Corporation, Electrical and Electronics Division (LEED), 
Plant 074, Peru, IN; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application of April 28, 2003, the Paper, Allied-Industrial, 
Chemical & Energy Workers International Union 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 March 17, 2003, and published in the Federal Register on 
April 2, 2003 (68 FR 16093).
    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 petition for the workers of Lear Corporation Electrical and 
Electronics Division (LEED), Plant 074, Peru, Indiana 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 plastic 
parts for automotive fuse boxes and wire harnesses. The company did not 
import plastic parts for automotive fuse boxes and wire harnesses in 
the relevant period nor did it shift production to a foreign source.
    The union asserts that the company shifted production to Mexico, 
and most specifically alleges that a specific part number 
(90142) is currently being made at a Mexican facility.
    Further investigation, including contact with the company, revealed 
that the part specified was shifted to another domestic facility. 
Further, a company official reconfirmed what was established in the 
original investigation; no production was shifted from the Peru, 
Indiana facility to a foreign source.

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 5th day of June, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-15472 Filed 6-18-03; 8:45 am]
BILLING CODE 4510-30-P