[Federal Register Volume 69, Number 84 (Friday, April 30, 2004)]
[Notices]
[Page 23817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-967]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-41,288 & NAFTA-06104]


International Truck And Engine Corporation, a Subsidiary of 
Navistar International Corporation, Springfield, OH; Notice of Revised 
Determination on Remand

    The United States Court of International Trade (USCIT) granted the 
Secretary of Labor's motion for a voluntary remand for further 
investigation in International Union, United Auto Workers (UAW), Region 
2B v. Elaine L. Chao, U.S. Secretary of Labor (Court No. 03-00642).
    The Department's denial of certification for TA-W-41,288 and NAFTA-
06104 were issued on August 9, 2002, and published in the Federal 
Register on September 10, 2002 (67 FR 57454 and 67 FR 57455, 
respectively). Workers were engaged in activities related to the 
production of trucks and related components.
    The denial of Trade Adjustment Assistance (TAA) was based on a 
finding that criterion (3) of the Group Eligibility Requirements of 
section 222 of the Trade Act of 1974, as amended, was not met. 
Information gathered in the investigation indicated that imports did 
not contribute importantly to worker separations at the subject firm. 
The denial of NAFTA-Transitional Adjustment Assistance (NAFTA-TAA) was 
based on the finding that criteria (3) and (4) were not met. Facts 
gathered during the investigation showed that imports from Canada or 
Mexico did not contribute importantly to workers separations and that 
there was no shift of production to Canada or Mexico.
    The Department's denial of administrative reconsideration for TA-W-
41,288 and NAFTA-06104 was issued on June 13, 2003, and published in 
the Federal Register on July 7, 2003 (68 FR 40296). The Department 
affirmed its conclusions that imports did not contribute importantly to 
worker separations at the subject firm and no production shift occurred 
within the relevant time period.
    In the remand investigation, the Department contacted the company 
for additional and more comprehensive information. The company provided 
sales, production, import, and production shift figures which were 
meticulously compiled with detailed explanations of the various 
operations of the subject facility, the corporation, and its affiliates 
and also included an extensive list of its customers.
    After careful review of the new and additional material provided in 
the expanded investigation, it has been determined that there was an 
ongoing shift in production to Mexico which began during the relevant 
period. Further, the investigation found that the ongoing shift in 
production resulted in increased shifts of production from the subject 
facility to an affiliated facility located in Mexico as well as 
increased company imports.

Conclusion

    After careful review of the additional facts obtained on remand, I 
determine that a shift of production to Mexico and increases in imports 
(including from Canada and/or Mexico) of articles like or directly 
competitive with those produced by the subject firm contributed 
importantly to the worker separations and sales or production declines 
at the subject facility. In accordance with the provisions of the Trade 
Act, I make the following certification:

    All workers of International Truck and Engine Corporation, a 
Subsidiary of Navistar International Corporation, Springfield, Ohio, 
who became totally or partially separated from employment on or 
after April 8, 2001, through two years from the issuance of this 
revised determination, are eligible to apply for worker adjustment 
assistance under section 223 of the Trade Act of 1974 and All 
workers of International Truck and Engine Corporation, a Subsidiary 
of Navistar International Corporation, Springfield, Ohio, who became 
totally or partially separated from employment on or after April 8, 
2001, through two years from the issuance of this revised 
determination, are eligible to apply for NAFTA-TAA under section 250 
of the Trade Act of 1974.

    Signed in Washington, DC, this 26th day of April, 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E4-967 Filed 4-29-04; 8:45 am]
BILLING CODE 4510-13-P