94-325. Honeywell Keyboard Division, El Paso, TX; Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-325]


[[Page Unknown]]

[Federal Register: January 7, 1994]


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DEPARTMENT OF LABOR
[TA-W-28,911]

 

Honeywell Keyboard Division, El Paso, TX; Negative Determination 
Regarding Application for Reconsideration

    By an application dated November 4, 1993, the company requested 
administrative reconsideration of the subject petition for trade 
adjustment assistance, TAA. The denial notice was published in the 
Federal Register on October 21, 1993 (58 FR 54377).
    Pursuant to 29 CFR 90.18(c) consideration 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.
    Investigation findings show that the workers produced keyboards.
    The Department's denial was based on the fact that the 
``contributed importantly'' test of the Group Eligibility Requirements 
of the Trade Act was not met. Worker separations on July 30, 1993 
resulted from the purchase of the plant by Key-Tronic of Spokane, 
Washington. No customer survey was conducted because there were no 
sales declines in 1992 compared to 1991 and in the first six months of 
1993 compared to the same period in 1992. The findings also show that 
there were no company imports during the period of the investigation.
    The company states that the Honeywell workers should be certified 
eligible to apply for TAA because Key-Tronic which purchased the 
Honeywell plant in August 1993 also produces keyboards and was 
certified for TAA in 1992.
    Each petition is investigated on its own merits and in the time 
frame in which it was filed. Key-Tronic increased its reliance on 
company imports of keyboard and computer peripherals while decreasing 
production and employment during the investigation period. Accordingly, 
Key-Tronic met all three of the Group Eligibility Requirements of the 
Trade Act and a worker group certification was issued on January 17, 
1992.
    If after August 1, 1993, the El Paso plant experiences company 
imports that adversely affect sales or production and employment 
declines, the Department would entertain a new petition.

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 27th day of December 1993.
Robert O. Deslongchamps,
Director, Office of Legislation & Actuarial Service, Unemployment 
Insurance Service.
[FR Doc. 94-325 Filed 1-6-94; 8:45 am]
BILLING CODE 4510-30-M