[Federal Register Volume 68, Number 159 (Monday, August 18, 2003)]
[Notices]
[Pages 49525-49526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21018]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-51,049]


Raytheon Aircraft Company, Wichita, KS; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of June 13, 2003, the International Association of 
Machinists and Aerospace Workers, District Lodge No. 70, 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 May 14, 2003, and 
published in the Federal Register on June 3, 2003 (68 FR 33196).
    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 Raytheon Aircraft Company, Wichita, 
Kansas 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

[[Page 49526]]

of imported small business jets. The company did not import small 
business jets, and workers are not separately identifiable by product 
line nor did the company shift production to a foreign source.
    The union alleges that the company is importing components for the 
JATAPs trainer planes produced at the subject facility.
    A company official was contacted in regard to these issues. As a 
result, it was revealed that aft fuses, ribsets and harnesses are being 
built by both a Greek manufacturer and at the Wichita facility for 
planes sold to both the U.S. government and the Greek government. The 
investigation further revealed that the foreign production has not 
affected production levels at the Wichita facility, have not resulted 
in layoffs at the subject facility, and represent a negligible 
percentage of overall plant production.
    The union further appears to allege that the company is importing 
an electrical systems integrator from the Netherlands, and is importing 
other components from a foreign firm known as Folker Elmo.
    Contact with the company revealed that components for the Hawker 
Horizon (a new midsize jet that is significantly more powerful and 
larger than planes currently produced at Raytheon) are being built by 
Folker Elmo in the Netherlands. The company official further clarified 
that this is the only production built in the Netherlands. Since this 
production has never been produced at the subject firm, and the final 
product is not like or directly competitive with those produced at the 
subject firm, this production has no bearing on subject firm workers' 
ability to meet the relevant criterion for TAA eligibility.

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 1st day of August, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-21018 Filed 8-15-03; 8:45 am]
BILLING CODE 4510-30-P