[Federal Register Volume 69, Number 90 (Monday, May 10, 2004)]
[Notices]
[Pages 25927-25928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-1057]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-52,861]


Intermet, Radford Foundry, Radford, Virginia; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of January 9, 2004, a company official 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 November 19, 2003 and published in the 
Federal Register on April 6, 2004 (69 FR 18109).
    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 Intermet, Radford 
Foundry, Radford, Virginia engaged in the production of camshafts, 
reaction shafts and transmission components were denied because the 
``contributed importantly'' group eligibility requirement of Section 
222 of the Trade Act of 1974 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

[[Page 25928]]

regarding their purchases of camshafts, reaction shafts and 
transmission components during 2001, 2002 and January through September 
of 2003. The respondents reported no increased imports. The subject 
firm did not increase its reliance on imports of camshafts, reaction 
shafts and transmission components during the relevant period, nor did 
it shift production to a foreign source.
    The petitioner alleges that the layoffs at the subject firm are 
attributable to a shift in production to foreign countries.
    A review of the initial investigation and a further contact with a 
company official confirmed that Intermet, Radford Foundry, Radford, 
Virginia did plan a shift of production from Radford, Virginia facility 
to Mexico in the second quarter of 2004, after the relevant time 
period. The company official further indicated that no production has 
been moved from Radford Foundry to Mexico as of February 19, 2004, and 
no time line was given to when this will happen.
    Should the shift to Mexico occur, the petitioners are encouraged to 
file a new petition on behalf of workers at the Intermet, Radford 
Foundry, Radford, Virginia, thereby creating a relevant period of 
investigation that would include changing conditions.

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 13th day of April 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E4-1057 Filed 5-7-04; 8:45 am]
BILLING CODE 4510-13-P