[Federal Register Volume 70, Number 93 (Monday, May 16, 2005)]
[Notices]
[Pages 25852-25853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2426]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,369]


Tower Automotive Milwaukee, LLC, Milwaukee Business Unit, a 
Division of Tower Automotive, Inc., Milwaukee, WI; Negative 
Determination Regarding Application for Reconsideration

    By application of April 13, 2005, a petitioner 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 March 15, 2005, and was 
published in the Federal Register on May 2, 2005 (70FR 22710).
    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 Tower Automotive Milwaukee, LLC, 
Milwaukee Business Unit, a Division of Tower Automotive, Inc., 
Milwaukee, Wisconsin engaged in production of automotive stampings and 
frames was denied because the ``contributed importantly'' group 
eligibility requirement of Section 222 of the Trade Act of 1974, as 
amended, was not met, nor was there a shift in production from that 
firm to a foreign country.
    The ``contributed importantly'' test is generally demonstrated 
through a survey of the workers' firm's customers. The survey revealed 
no increase in imports of automotive stampings and frames during the 
relevant period. The subject firm did not import automotive stampings 
or frames in the relevant period.
    The petitioner alleges that the subject firm is planning to move 
production of the Dodge RAM light truck frame assembly ``from Milwaukee 
to Tower Automotive's joint venture partner'' in Mexico in mid-2005.
    An official of Tower Automotive was contacted in regards to this 
allegation. The company official stated that Tower Automotive is not 
``shifting its production of Dodge RAM light truck frame assembly from 
Milwaukee to Mexico.'' Tower Automotive will no longer be producing the 
Dodge RAM light truck frame beginning with the 2006 model year in 
Milwaukee or anywhere else. The production will end during the period 
of June 29, 2005 to July 12, 2005. The official further stated that 
Dodge RAM light truck frame will, however, be produced in Mexico by a 
different company for the subject firm's customer. It was further 
revealed that the production of the frame in Mexico by the other 
company will approximately coincide with when Tower Automotive ceases 
production of the frame in Milwaukee.
    The Department considers import impact for the relevant period of 
the investigation, which is the one year prior to the date of the 
petition. In this case, the petition was dated January 19, 2005, and 
events that may occur in June-July of 2005 are outside of the scope of 
the investigation. As noted above, the petition investigation 
determined that there were no increased imports of automotive stampings 
and frames during the relevant time period.
    The petitioner further states that the subject firm's customers are 
importing automotive stampings and frames and, thus, these imports have 
contributed to the threat of separation of workers of the subject firm. 
As a proof, the petitioner attached correspondence and a Bill of Lading 
for ``Body autoparts chassis'' dated January 11, 2005, showing Mexico 
as the point of origin of the parts.
    A Tower Automotive official for the Milwaukee facility confirmed 
that its customer has been purchasing frames from Mexico. For 
convenience, the customer is shipping them to its domestic assembly 
plant through Tower Automotive's sequencing center.
    The review of the investigation file for this petition confirmed 
that this declining customer is indeed importing automotive stampings 
and frames. However, the survey shows a decrease in import purchases of 
automotive stampings and frames and an increase in purchases from the 
subject firm during the relevant period.
    The petitioner is encouraged to file a new petition should 
conditions change.

[[Page 25853]]

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 5th day of May, 2005.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-2426 Filed 5-13-05; 8:45 am]
BILLING CODE 4510-30-P