94-12311. Johnson Controls, Inc., Bennington, VT; Negative Determination on Reconsideration

[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12311]


[[Page Unknown]]

[Federal Register: May 20, 1994]


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DEPARTMENT OF LABOR
[TA-W-29,403]

 

Johnson Controls, Inc., Bennington, VT; Negative Determination on 
Reconsideration

    By an application dated April 5, 1994, the workers with the support 
of their Congressman, requested administrative reconsideration of the 
subject petition for trade adjustment assistance (TAA). The denial 
notice was signed on March 15, 1994 and published in the Federal 
Register on March 30, 1994 (59 FR 14876).
    Investigation findings show that the workers at Bennington produced 
vehicle batteries.
    Its claimed that an appropriate subdivision at Johnson Controls in 
Bennington was adversely affected by increased imports because Johnson 
Controls moved a part of the production process (the filling, charging, 
decorating and installing) at Bennington to a plant in Mexico. Its 
alleged that the charged batteries will then reenter the U.S. as 
imports.
    The Department's denial was based on the fact that the increased 
import criterion and the ``contributed importantly'' test of the Group 
Eligibility Requirements of the Trade Act were not met. U.S. imports of 
lead acid batteries for vehicles declined absolutely in 1993 compared 
with 1992.
    The ``contributed importantly'' test is generally demonstrated 
through a survey of the workers' firm's customers. The Department's 
survey of major declining customers showed that none of the respondents 
increased their purchases of imported batteries while decreasing their 
purchases from the subject firm during the period relevant to the 
petition.
    Findings on reconsideration show that all battery production at 
Bennington was transferred to other domestic corporate locations. Other 
findings on reconsideration show that there is no Mexican facility 
currently involved in battery production, including filling, charging, 
decorating and installing, for Johnson Controls.
    Johnson Controls made a corporate decision to consolidate its 
plants. The findings show that Bennington was selected for elimination 
for a number of reasons: its small size, it's a leased facility, a 
major portion of its production was already being produced at other 
domestic plants, and its sales territory was the easiest to be absorbed 
by the other domestic corporate plants.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for adjustment assistance to 
workers and former workers of Johnson Controls, Inc., in Bennington, 
Vermont.

    Signed at Washington, DC, this 6th day of May 1994.
Robert O. Deslongchamps,
Director, Office of Legislation & Actuarial Service Unemployment 
Insurance Service.
[FR Doc. 94-12311 Filed 5-19-94; 8:45 am]
BILLING CODE 4510-30-M