[Federal Register Volume 68, Number 152 (Thursday, August 7, 2003)]
[Notices]
[Page 47092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20112]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-51,128]


DT Precision Assembly Industries, Erie, PA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of May 21, 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 23, 2003, and 
published in the Federal Register on May 7, 2003 (68 FR 24502).
    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 DT Precision Assembly Industries, 
Erie, Pennsylvania was denied because the ``contributed importantly'' 
group eligibility requirement of Section 222 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 automated assembly machines, rotary dial and in-
line type machines. The company did not import automated assembly 
machines, rotary dial and in-line type machines in the relevant period 
nor did it shift production to a foreign country.
    The petitioner provides a copy of what he alleges to be primary 
domestic and overseas competitors.
    The petitioner further alleges that the subject firm is faced with 
competitors from Canada, Europe and Asia.
    A review of competitors is not relevant to investigations 
concerning import impact on workers applying for trade adjustment 
assistance. As noted above, ``contributed importantly'' test is 
generally demonstrated through a survey of customers of the workers' 
firm to examine the direct impact on a specific firm. No imports were 
evidenced as a result of this survey.

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 24th day of July, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-20112 Filed 8-6-03; 8:45 am]
BILLING CODE 4510-30-P