[Federal Register Volume 69, Number 1 (Friday, January 2, 2004)]
[Notices]
[Pages 116-117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32287]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-52,576]


Smith Meter, Inc., (Also Known as FMC Measurement Solutions), a 
Subsidiary of FMC Technologies, Inc., Erie, PA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of October 1, 2003, the 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 was signed on September 10, 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, filed on behalf of workers at Smith Meter, Inc. 
(a.k.a. FMC Measurement Solutions), a subsidiary of FMC Technologies, 
Inc., Erie, Pennsylvania, engaged in the production of liquid 
measurement equipment, 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 the 
workers' firm's customers. The Department conducted a survey of the 
subject firm's major customers regarding their purchases of liquid 
measurement equipment. The survey revealed that none of the customers 
increased their import purchases of liquid measurement equipment, while 
reducing their purchases from the subject firm during the relevant 
period. The subject firm imported negligible percentage of liquid 
measurement equipment during the relevant period.
    The petitioner attached two documents in support of his 
allegations, that Smith Meter, Inc. (a.k.a. FMC Measurement Solutions) 
does import

[[Page 117]]

liquid measurement equipment. First document is a letter to General 
Manager of FMC Measurement Solutions announcing the winner of 2002 
Eagle Award. The announcement remarks Liquid Products, Measurement 
Solutions' ``sound sourcing strategies'', and refers to the sourcing of 
bearings and machined rotors in China.
    Further contact with the company official revealed that the subject 
firm has been establishing contacts with foreign firms and is currently 
looking into buying some products in China. The subject firm does 
import a small fraction of products, which in no way affects domestic 
production of liquid measurement equipment. Imports of bearings and 
machined rotors were reflected in the data provided by the subject firm 
in the Confidential Data Request during the initial investigation. The 
Department of Labor received and analyzed financial information 
provided by the subject firm. A review of the initial investigation 
revealed that, in context to total plant production, the amount of 
imports by the subject firm is considered to be negligible during the 
period under investigation.
    The second document provided by the petitioner is the announcement 
of the recipient of FMC Eagle Award for 2003. The letter does not 
contain any information, which will support petitioner's allegation and 
is irrelevant in this investigation.
    As already indicated, a negligible amount of product has been 
imported by the subject facility, albeit not significant enough to 
contribute to layoffs.

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 decisions. Accordingly, the application is denied.

    Signed at Washington, DC, this 9th day of December, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-32287 Filed 12-31-03; 8:45 am]
BILLING CODE 4510-30-P