[Federal Register Volume 68, Number 152 (Thursday, August 7, 2003)]
[Notices]
[Pages 47093-47094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20104]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-50,876]


Mechanical Products Company, LLC, Aerospace Division, Jackson, 
Michigan; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application of May 27, 2003, the International Union, United 
Automobile, Aerospace & Agricultural Implement Workers of America 
(UAW), Region 1C and Local Union 1330, 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 11, 2003, and published in the Federal Register on 
May 1, 2003 (68 FR 23322).
    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 Mechanical Products Company, LLC, 
Aerospace Division, Jackson, Michigan was denied because the 
``contributed importantly'' group eligibility requirement of Section 
222 of the Trade Act of 1974, 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 breakers for the 
aerospace industry. The company did not import breakers for the 
aerospace industry in the relevant period.
    The union asserts that, in addition to producing circuit breakers 
for the aerospace industry, the subject firm also produced circuit 
breakers for other commercial purposes, specifically in the ``1600'' 
and ``2000'' series.
    A company official was contacted in regard to these allegations. 
The official stated that, from the end of 2001 and into 2002, the 
subject facility briefly did some production of the 1600 series circuit 
breakers while the firm was in the process of shifting this production 
from an affiliate in Maryland to foreign sources; however, subject firm 
production for series 1600 circuit breakers was negligible in relation 
to overall plant production and no layoffs resulted from this 
production cessation in Jackson. The official further stated that there 
had been some ``rework'' done on series 2000 circuit breakers shipped 
from a foreign facility to Jackson; again, however, this work 
constituted a negligible portion of plant production. Finally, the 
company official clarified that subject firm layoffs were entirely 
attributable to the sale of the company's Aerospace Division to another 
company that subsequently moved production to an existing facility in 
Sarasota, Florida.

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.


[[Page 47094]]


    Signed at Washington, DC, this 29th day of July, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-20104 Filed 8-6-03; 8:45 am]
BILLING CODE 4510-30-P