[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Notices]
[Page 66798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19338]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-59,756]


Volex, Inc., Power Cord Products Division, Clinton, AR; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application of September 14, 2006, a company official 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 August 22, 2006, and 
published in the Federal Register on October 2, 2006 (71 FR 58012).
    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 Volex, Inc., Power Cord Products 
Division, Clinton, Arkansas engaged in production of insulated flexible 
wire and cable for power cords 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 declining domestic customers. The survey was not 
conducted, because the investigation revealed that the subject firm 
produced insulated flexible wire and cable primarily for the export 
market and no domestic customers were available. The subject firm did 
not import insulated flexible wire and cable in the relevant period, 
nor did it shift production to a foreign country.
    The petitioner provided additional information in the request for 
reconsideration and supplied a name of a domestic customer which is 
allegedly purchasing imported products.
    The Department conducted a survey of this customer regarding 
purchases of insulated flexible wire and cable in 2004, 2005 and 
January through August of 2006. The survey revealed no purchases of 
imports of insulated flexible wire and cable during the relevant time 
period.

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 2nd of November, 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E6-19338 Filed 11-15-06; 8:45 am]
BILLING CODE 4510-30-P