[Federal Register Volume 69, Number 125 (Wednesday, June 30, 2004)]
[Notices]
[Page 39502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14789]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-54,310]


Intermet Havana Foundry, a Division of Intermet; Havana, IL; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By application of April 27, 2004, a 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 March 26, 2004, and published in the 
Federal Register on May 24, 2004 (69 FR 29575).
    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 Havana 
Foundry, a division of Intermet, Havana, Illinois engaged in the 
production of ductile iron castings was 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 regarding their purchases of ductile 
iron castings during 2002, 2003 and January 2004. The respondents 
reported no increased imports. The subject firm did not increase its 
reliance on imports of ductile iron castings 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 Mexico. To support this 
allegation, a petitioner attached copies of Intermet employees' 
correspondence regarding transfers of assets from Havana facility to 
Mexico.
    A review of the initial investigation and a further contact with a 
company official confirmed that Intermet Havana Foundry, a division of 
Intermet, Havana, Illinois did plan a shift of production from Havana, 
Illinois to Mexico. The company official stated that Intermet began 
planning to construct a facility in Mexico in 2003 and planned to move 
assets to that newly constructed facility. However, the subject firm 
decided to put plans for a new facility in Mexico on hold for an 
indefinite period of time. Therefore, as of today, no production has 
been shifted to Mexico and the work performed at the Havana facility is 
being shifted to other Intermet facilities in the United States.
    Should the shift to Mexico occur, the petitioners are encouraged to 
file a new petition on behalf of workers at the Intermet Havana 
Foundry, a division of Intermet, Havana, Illinois, 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 in Washington, DC, this 15th day of June 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-14789 Filed 6-29-04; 8:45 am]
BILLING CODE 4510-30-P