[Federal Register Volume 69, Number 49 (Friday, March 12, 2004)]
[Notices]
[Pages 11892-11893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5609]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,416]


Wolverine Pattern and Machine, Inc., Saginaw, MI; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application of January 5, 2004, the International Association of 
Machinists and Aerospace Workers Local Patternmakers 2839 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 December 9, 2003, and 
published in the Federal Register on January 16, 2004 (69 FR 2622).
    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 Wolverine Pattern and Machine, 
Inc., Saginaw, Michigan was denied because the ``contributed 
importantly'' group eligibility requirement of Section 222 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 and/or through a survey of firms to which the subject 
firm submitted bids. In this case, the bid survey revealed that none of 
the respondent customer firms awarded their bids for industrial molds 
and tooling to foreign competitors. The subject firm did not import 
industrial molds and tooling in the relevant period nor did it shift 
production to a foreign country.
    The petitioner refers to the subject firm's competitor, National 
Pattern, Inc.,

[[Page 11893]]

Saginaw, Michigan, which also filed a petition for TAA and was 
certified on December 3, 2003. The petitioner states that workers of 
the subject firm and workers of National Pattern, Inc. build tooling 
for the Foundry and Mold Industry and both firms are impacted by 
foreign competition. The Union further alleges that because workers of 
National Pattern, Inc. were certified eligible for TAA, workers of the 
subject firm should also be eligible.
    A review of competitors is not relevant to an investigation 
concerning import impact on workers applying for trade adjustment 
assistance. The review of both cases revealed that workers of Wolverine 
Pattern & Machine, Inc. and National Pattern, Inc. are engaged in the 
production for Foundry and Mold Industry; however, they do not share 
the same customer base and have no affiliation with each other. As 
noted above, ``contributed importantly'' test is generally demonstrated 
through a survey of customers of the workers' firm to examine the 
direct impact on a specific firm. While customers of National Pattern, 
Inc., Saginaw, Michigan reported an increase in imports of casting 
tooling during the relevant period, no imports were evidenced during 
the survey of subject firm's customers.
    The Union also alleges that customers of the subject firms are 
importing tooling and moving facilities abroad.
    A company official was requested to supply additional list of 
customers who might have awarded their contracts to foreign firms or 
were importing industrial molds and tooling. The official was not aware 
of any such contracts.

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 20th day of February, 2004
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-5609 Filed 3-11-04; 8:45 am]
BILLING CODE 4510-30-P