97-16928. Sunbeam Corporation Cookeville, TN; Notice of Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 62, Number 124 (Friday, June 27, 1997)]
[Notices]
[Pages 34712-34713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16928]


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

DEPARTMENT OF LABOR

Employment and Training Administration
[TA-2-33,015]


Sunbeam Corporation Cookeville, TN; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated April 12, 1997, the company requested 
administrative reconsideration of the Department's negative 
determination regarding worker eligibility to apply for trade 
adjustment assistance. The denial notice applicable to workers of the 
subject firm located in Cookeville, Tennessee, was signed on April 8, 
1997 and published in the Federal Register on May 2, 1997 (62 FR 
24134).
    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.
    Findings of the initial investigation showed that workers of 
Sunbeam Corporation in Cookeville produced armatures and fields for 
electric motors used in small kitchen appliances. The Department's 
denial of TAA for workers of the subject firm was based on the fact 
that the ``contributed importantly'' test of the Group Eligibility 
requirements of Section 222 of the Trade Act of 1974, as amended, was 
not met. The articles produced by Sunbeam at the Cookeville plant were 
shipped to other Sunbeam facilities for assembly into small kitchen 
appliances. Sunbeam did not import component parts.
    The company claims that the majority of the production at the 
Cookeville facility was shifted to a foreign facility. The components 
are being assembled into small kitchen appliances and are reentering 
the Untied States. Therefore,

[[Page 34713]]

the company believes that the workers should be certified eligible to 
apply for TAA.
    The Department must examine the impact of imports of products like 
and directly competitive with articles produced at the subject firm. In 
this case, the workers at the Cookeville plant produced components. 
Small kitchen appliances cannot be considered like or directly 
competitive with armatures and fields for electric motors.

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 12th day of June 1997.
Russell T. Kile,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 97-16928 Filed 6-26-97; 8:45 am]
BILLING CODE 4510-30-M