[Federal Register Volume 69, Number 49 (Friday, March 12, 2004)]
[Notices]
[Page 11885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5612]



[[Page 11885]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,146]


Metalforming Technologies/Northern Tube, Pinconning, MI; Notice 
of Revised Determination on Reconsideration

    By letter dated January 23, 2004, the International Union, United 
Automobile, Aerospace & Agricultural Implement Workers of America--UAW, 
requested administrative reconsideration regarding the Department's 
Negative Determination Regarding Eligibility to Apply for Worker 
Adjustment Assistance, applicable to the workers of the subject firm.
    The initial investigation resulted in a negative determination 
issued on November 12, 2003. The Department initially denied TAA to 
workers of Metalforming Technologies/Northern Tube, Pinconning, 
Michigan producing fabricated metal tubing because the ``contributed 
importantly'' group eligibility requirement of Section 222 of the Trade 
Act of 1974, as amended, was not met. The notice was published in the 
Federal Register on December 29, 2003 (68 FR 74977).
    In the request for reconsideration, the petitioner indicated that 
the subject firm should be considered on the basis of a secondary 
upstream supplier impact. Upon further review, it was revealed that the 
Department erred in its initial investigation, as secondary impact was 
indicated on the petition.
    Having conducted an investigation of subject firm workers on the 
basis of secondary impact, it was revealed that Metalforming 
Technologies/Northern Tube, Pinconning, Michigan supplied component 
parts for class 8 trucks, and a loss of business with a manufacturer 
(whose workers were certified eligible to apply for adjustment 
assistance) contributed importantly to the workers separation or threat 
of separation.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department of Labor herein presents the results 
of its investigation regarding certification of eligibility to apply 
for alternative trade adjustment assistance (ATAA) for older workers.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the group eligibility requirements of Section 246 of 
the Trade Act must be met. The Department has determined in this case 
that the requirements of Section 246 have been met.
    A significant number of workers at the firm are age 50 or over and 
possess skills that are not easily transferable. Competitive conditions 
within the industry are adverse.

Conclusion

    After careful review of the facts obtained in the investigation, I 
determine that workers of Metalforming Technologies/Northern Tube, 
Pinconning, Michigan qualify as adversely affected secondary workers 
under Section 222 of the Trade Act of 1974, as amended. In accordance 
with the provisions of the Act, I make the following certification:

    All workers of Metalforming Technologies/Northern Tube, 
Pinconning, Michigan who became totally or partially separated from 
employment on or after September 26, 2002 through two years from the 
date of certification are eligible to apply for adjustment 
assistance under Section 223 of the Trade Act of 1974, and are 
eligible to apply for alternative trade adjustment assistance under 
Section 246 of the Trade Act of 1974.

    Signed at Washington, DC, this 2nd day of March 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-5612 Filed 3-11-04; 8:45 am]
BILLING CODE 4510-30-P