[Federal Register Volume 63, Number 119 (Monday, June 22, 1998)]
[Notices]
[Page 33953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16547]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-34,296]
Doehler-Jarvis, Toledo, OH; Notice of Negative Determination
Regarding Application for Reconsideration
By application dated May 5, 1998, the United Automobile, Aerospace,
Agricultural Implement Workers of America (UAW), Local 1058, requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm. The denial notice applicable to workers of the subject
firm located in Toledo, Ohio, was signed on April 8, 1998 and published
in the Federal Register on May 6, 1998 (63 FR 25081).
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 TAA petition, filed on behalf of workers of Doehler-Jarvis,
Toledo, Ohio, producing transmission cases was denied based on the
finding that the ``contributed importantly'' group eligibility
requirement of Section 222(3) of the Trade Act of 1974, as amended, was
not met. The ``contributed importantly'' test is generally demonstrated
through a survey of the workers' firm's customers. None of the Doehler-
Jarvis customers reported increased import purchases while decreasing
purchases of transmission cases from the Toledo plant.
In support of their application for reconsideration, the UAW Local
1058 submitted documents concerning a foreign company that will supply
transmission cases to one of the major Doehler-Jarvis customers. A
follow-up with this customer confirms that there were no imports of
transmission cases during the time period relevant to the petition
investigation. The customer reported that once Doehler-Jarvis made the
announcement to close the Toledo production facility, they were
required to pursue other suppliers of transmission cases.
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 decisions. Accordingly, the application is denied.
Signed at Washington, D.C. this 10th day of June 1998.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 98-16547 Filed 6-19-98; 8:45 am]
BILLING CODE 4510-30-M
