95-8328. Notice of Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 60, Number 65 (Wednesday, April 5, 1995)]
[Notices]
[Pages 17371-17372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8328]



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DEPARTMENT OF LABOR
[TA-W-30, 551 and TA-W-30, 552]


Notice of Negative Determination Regarding Application for 
Reconsideration

    In the matter of Mac Tools, Inc., Washington Court House, Ohio; 
and Mac Tools, Inc., Sabina, Ohio.

    By an application dated February 28, 1995, the petitioners with 
Congressional support requested administrative reconsideration of the 
subject petition for trade adjustment assistance, TAA. The denial 
notice was issued on February 9, 1995 and published in the Federal 
Register on March 1, 1995 (60 FR 11120). [[Page 17372]] 
    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 mechanics' 
hand tools.
    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. Both plants will close in April 1995 
because of a corporate decision to consolidate operations at other 
domestic corporate facilities. A domestic transfer of production would 
not form a basis for a worker group certification. Further, the 
findings show increased sales and production of mechanics' hand tools 
at the subject plants in the first nine months of 1994 compared to the 
same period in 1993.
    Other findings show that neither the subject plants nor its parent, 
Stanley Works in Connecticut, imported hand tools from China in the 
relevant 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, D.C., this 27th day of March, 1995.
Victor J. Trunzo,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 95-8328 Filed 4-4-95; 8:45 am]
BILLING CODE 4510-30-M