[Federal Register Volume 69, Number 1 (Friday, January 2, 2004)]
[Notices]
[Page 116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32280]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-52,451]


Saurer Inc., a/k/a Schlafhorst Inc., Charlotte, NC; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application of September 30, 2003, a petitioner 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 applicable to workers of Saurer Inc., a/k/a Schlafhorst 
Inc., Charlotte, North Carolina was signed on September 5, 2003, and 
published in the Federal Register on October 10, 2003 (68 FR 58719).
    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 was filed on behalf of workers at Saurer Inc., a/
k/a Schlafhorst Inc., Charlotte, North Carolina engaged in buying and 
selling of textile machinery and parts. The petition was denied because 
the petitioning workers did not produce an article within the meaning 
of section 222 of the Act.
    The petitioner alleged that, in fact, the petitioning worker group 
was engaged in production of a variety of articles in connection with 
servicing textile machinery, including training manuals, flash cards 
containing software upgrades, and a variety of spare parts used to 
service existing customer machinery. The petitioner further directed 
the Department to contact a specific company official who would be 
particularly knowledgeable about production activity at the facility.
    The Department contacted the company official specified in regard 
to these allegations. As a result, it was revealed that the petitioning 
worker group worked in the Service Department, and were separately 
identifiable from two other departments at the subject facility, 
engaged in buying and selling of textile machinery and performing 
repair work, respectively. Ensuing conversations with this official 
revealed that all of the items specified by the petitioner were 
produced at the subject facility, collectively constituting a small but 
significant portion of work performed by the petitioning worker group. 
These products include manuals, flashcards encoded with customized 
software and spare parts. However, none of the products are being 
imported, rather they continue to be produced at the subject firm, 
albeit in dramatically diminished volumes due to a downturn in the 
market for textile machinery.
    The official further concluded that the manuals and customized 
software were designed specifically for machinery purchased by the 
customer from the subject firm, so there was little likelihood of 
outside competition in regard to these products. Regarding spare parts 
made on demand, this production accounted for a negligible amount of 
work performed by the petitioning worker group when considered in 
isolation in the relevant period.

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 25th day of November, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-32280 Filed 12-31-03; 8:45 am]
BILLING CODE 4510-30-P