94-2854. Sundstrand Electrical Power Systems Lima, OH; Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 59, Number 26 (Tuesday, February 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2854]


[[Page Unknown]]

[Federal Register: February 8, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR
[TA-W-29,086]

 

Sundstrand Electrical Power Systems Lima, OH; Negative 
Determination Regarding Application for Reconsideration

    By an application dated January 6, 1994, Local #724 of the 
International Union of Electrical, Radio and Machine Workers (IUE) 
requested administrative reconsideration of the subject petition for 
trade adjustment assistance. The denial notice was signed on December 
9, 1993 and was published in the Federal Register on December 28, 1993 
(58 FR 68668).
    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 union states that some production of generators, small motors 
and converters formerly produced at Lima were produced in Puerto Rico.
    Investigation findings show that 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. This test is 
generally demonstrated through a survey of the workers' firm's 
customers. The Department's survey of Sundstrand Electrical Power 
Systems major declining customers shows that none of the respondents 
reported purchasing imported generators, small motors or converters 
during the relevant period.
    Further, Puerto Rico is within the U.S. Customs boundary, 
accordingly, and production in Puerto Rico is considered domestic 
production and is not an import.

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 25th day of January 1994.
Stephen A. Wandner,
Deputy Director, Office of Legislation & Actuarial Service, 
Unemployment Insurance Service.
[FR Doc. 94-2854 Filed 2-7-94; 8:45 am]
BILLING CODE 4510-30-M