[Federal Register Volume 71, Number 15 (Tuesday, January 24, 2006)]
[Notices]
[Pages 3888-3889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-801]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-58,047]


Plasti-Coil, Inc.; Lake Geneva, WI; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of December 8, 2005 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) and 
Alternative Trade Adjustment Assistance (ATAA). The denial notice was 
signed on November 10, 2005 and published in the Federal Register on 
December 6, 2005 (70 FR 72653).
    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 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The TAA petition, filed on behalf of workers at Plasti-Coil, Inc., 
Lake Geneva, Wisconsin engaged in production of custom injection 
molding was denied because the ``contributed importantly'' group 
eligibility requirement of Section 222 of the Trade Act of 1974 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 declining customers. The survey 
revealed no increase in imports of custom injection molding. The 
subject firm did not import custom injection molding in the relevant 
period, nor did it shift production to a foreign country.
    In the request for reconsideration, the petitioner alleges that the 
layoffs at the subject firm are attributable to a shift in production 
to China. To support the allegations, the petitioner attached a copy of 
the letter from the subject firm's company official stating that ``a 
significant portion of the business has been transferred to China''.
    A company official was contacted regarding the above allegations. 
The company official confirmed what was revealed during the initial 
investigation. In particular, the official stated that Plasti-Coil, 
Inc., Lake Geneva, Wisconsin was contemplating to move portion of its 
production to China, however, the shift did not occur and there are no 
current plans to move production from the subject firm to a foreign 
country. The official further clarified that the letter mentioned by 
the petitioner meant that the subject firm's customers transferred 
significant volumes of their business to China and other Asian 
countries, which had a negative impact on production of the

[[Page 3889]]

subject firm. The subject firm did not shift production of custom 
injection molding abroad.

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 January, 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-801 Filed 1-23-06; 8:45 am]
BILLING CODE 4510-30-P