94-29224. Champion Parts Northeast Division, Beech Creek, PA and Lock Haven, PA; Notice of Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 59, Number 227 (Monday, November 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29224]


[Federal Register: November 28, 1994]


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DEPARTMENT OF LABOR
[TA-W-30,105 and TA-W-30,106]


Champion Parts Northeast Division, Beech Creek, PA and Lock 
Haven, PA; Notice of Negative Determination Regarding Application for 
Reconsideration

    By an application dated October 3, 1994, with support from the 
Pennsylvania State Legislature, the workers- requested administrative 
reconsideration of the subject petition for trade adjustment 
assistance, TAA. The denial notice was issued on September 13, 1994 and 
published in the Federal Register on October 4, 1994 (59 FR 50628).
    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.
    Investigation findings show that the workers produce rebuilt auto 
parts. The Beech Creek plant produces waterpumps, starters, clutches 
and alternators while the Lock Haven plant produces carburetors.
    Its claimed that the company has lost market share because 
competitors are either importing components or importing the final 
product.
    Investigation findings show that the decreased sales or production 
criterion and the ``contributed importantly'' test of the Group 
Eligibility Requirements of the Trade Act have not been met. The 
findings show that sales at the subject firm increased in 1993 compared 
to 1992 and in the first six months of 1994 compared to the same period 
of 1993. Other findings show that the layoffs are the result of a 
corporate decision to consolidate their operations by shifting 
production to other domestic facilities. A domestic transfer of 
production would not form a basis for a worker group certification.
    The findings also show that Champion takes broken and worn out 
parts and rebuilds them into working parts. Other findings show 
Champion imports only when a worn out or broken part is not available 
to rebuild. These company imports account for a very small portion of 
Champion's sales.

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 14th day of November 1994.
Victor J. Trunzo,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 94-29224 Filed 11-25-94; 8:45 am]
BILLING CODE 4510-30-M