[Federal Register Volume 68, Number 197 (Friday, October 10, 2003)]
[Notices]
[Pages 58722-58723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25713]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-51,455A and TA-W-51,455C]


White Rodgers, Coils Division, A Division of Emerson, Harrison, 
Arkansas; and White Rodgers, Air Cleaners Division, A Division of 
Emerson, Harrison, Arkansas; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application of June 19, 2003, a company official requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA). The 
denial notice was signed on June 4, 2003 and published in the Federal 
Register on April 24, 2003 (68 FR 36847).
    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 TAA petition, filed on behalf of workers at White Rodgers, 
Coils Division, a division of Emerson, Harrison, Arkansas (TA-W-
51,455A) engaged in the production of coils, and on behalf of workers 
at White Rodgers, Air Cleaner Division, a division of Emerson, 
Harrison, Arkansas (TA-W-51,455C) were denied because the ``contributed 
importantly'' group eligibility requirement of Section 222(3) of the 
Trade Act of 1974 was not met and production was not shifted abroad.
    The company official who filed the reconsideration request stated 
that, in regard to the Coils Division, production at the subject 
division was dependent on other divisions being adjacent; once 
production phases that preceded coil production (injection molding used 
to wind coils), and followed coil production (gas valves that 
incorporated the coils) were shifted from the subject division site, it 
became necessary to move the coil production to another domestic 
location. As a result, the official contends, the coil production was 
impacted by a shift of production to Mexico.
    Contact with another company official confirmed what had been 
established in the initial investigation, which was that production at 
the Coils Division shifted exclusively to a domestic site. It was also 
revealed that, although competitive production does occur at an 
affiliate in Mexico, there was no evidence of a shift from the subject 
facility to the Mexican affiliate or any U.S. imports resulting from 
this or any other foreign production.
    The company official who filed the reconsideration request also 
stated that, in regard to the Air Cleaner Division, (TA-W-51-455C) 
production had been shifted to Mexico in June of 2003.
    Follow up contact with the company revealed that the majority of 
production was shifted from the Air Cleaner Division in Harrison, 
Arkansas to Mexico. However, the shift began outside of the relevant 
period of this investigation. The petitioners are thus encouraged to 
file a new petition on behalf of workers at the Air Cleaner Division, 
thereby creating a relevant period of investigation that would include 
changing conditions.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or

[[Page 58723]]

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 22nd day of September, 2003.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-25713 Filed 10-9-03; 8:45 am]
BILLING CODE 4510-30-P