[Federal Register Volume 68, Number 189 (Tuesday, September 30, 2003)]
[Notices]
[Page 56326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24716]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-50,643]


Aran Mold and Die Company, Inc., Elmwood Park, NJ; Notice of 
Negative Determination on Reconsideration on Remand

    The United States Court of International Trade (USCIT) granted the 
Secretary of Labor's motion for a voluntary remand for further 
investigation in Former Employees of Aran Mold and Die Company, Inc. v. 
Elaine Chao, U.S. Secretary of Labor, No. 03-00362.
    The Department's initial denial for the workers of Aran Mold and 
Die Company, Inc., Elmwood, New Jersey (hereafter ``Aran Mold and 
Die''), issued on February 12, 2003 and published in the Federal 
Register on March 26, 2003 (68 FR 14708), was based on the finding that 
workers did not produce an article within the meaning of section 222 of 
the Trade Act of 1974. It was determined that the subject worker group 
were not engaged in the production of an article, but provided support 
services to workers producing plastic injection molding, and that 
production at the subject plant ceased more than one year prior to the 
date of the petition (January 14, 2003).
    On April 2, 2003, the petitioner requested administrative 
reconsideration, asserting that workers were engaged in production work 
and, therefore, were not service providers.
    On April 15, 2003, the Department issued a Notice of Affirmative 
Determination Regarding Application for Reconsideration, published in 
the Federal Register on April 24, 2003 (68 FR 20179), stating that the 
workers did produce a product (plastic injection molds).
    The Department's Notice of Negative Determination on 
Reconsideration was issued on April 21, 2003 and published in the 
Federal Register on May 7, 2003 (68 FR 24505). During the 
reconsideration investigation, the Department conducted a survey of two 
of the subject company's customers regarding their purchases of plastic 
injection molds during 2001 and 2002. The survey revealed no import 
purchases of plastic injection molds during the surveyed time periods.
    On remand, the petitioner requested that the Department review its 
reconsideration determination, stating that the subject company 
produced plastic injection molded components, not plastic injection 
molds as determined in the reconsideration investigation. The 
Department contacted the subject company official, requesting 
additional and detailed information regarding the subject plant's sales 
and production during 2001 and 2002, the closure of the subject plant, 
and the subject company's plastic injection molded components 
customers.
    The remand investigation revealed that the subject plant ceased 
production of plastic injection molded components in October 2001 and 
that sales continued until February 2002.
    A careful review of a survey conducted of the subject company's two 
major customers revealed that neither customer imported in 2001, one 
customer shifted reliance from the subject company to other domestic 
sources, and both customers did not purchase from the subject company 
in 2002.
    However, even if there had been increased imports during the 
relevant time periods, the workers would not be eligible to apply for 
trade adjustment assistance because the there was no production within 
the relevant period. Because production at the subject plant ceased in 
October 2001, no production occurred at the subject plant during the 
relevant time period.

Conclusion

    After reconsideration on remand, I affirm the original notice of 
negative determination of eligibility to apply for adjustment 
assistance for workers and former workers of Aran Mold and Die Company, 
Inc., Elmwood Park, New Jersey.

    Signed at Washington, DC this 11th day of September 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-24716 Filed 9-29-03; 8:45 am]
BILLING CODE 4510-30-M