[Federal Register Volume 64, Number 175 (Friday, September 10, 1999)]
[Notices]
[Page 49240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23556]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-35,934 and NAFTA-02989]
The Torrington Company Elberton, Georgia; Notice of Negative
Determination Regarding Application for Reconsideration
By application dated July 6, 1999, the company requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA) and NAFTA-Transitional Adjustment Assistance (NAFTA-
TAA), applicable to workers and former workers of the subject firm. The
denial notices applicable to workers of the Torrington Company located
in Elberton, Georgia, were signed on May 13, 1999, and published in the
Federal Register on June 3, 1999 (64 FR 29888) and (64 FR 29889),
respectively.
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 The Torrington
Company, Elberton, Georgia, producing automotive camshafts and shaft
and yoke assemblies was denied because the ``contributed importantly''
group eligiblity 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 Torrington Company customers reported increased
import purchases or articles while decreasing purchases from
Torrington's Elberton plant.
The NAFTA-TAA petition for the same worker group was denied because
criteria (3) and (4) of the group eligibility requirements in paragraph
(a)(1) of Section 250 of the Trade Act, as amended, were not met. There
were no company imports of automotive camshafts or shaft and yoke
assemblies from Mexico or Canada, nor was there a shift in production
from the workers' firm to Mexico or Canada. A survey of the major
declining customers of the Torrington Company showed that none of the
respondents increased import purchases of automotive camshafts or shaft
and yoke assemblies from Mexico or Canada.
In support of their application for reconsideration, the company
asserts that a domestic manufacturer to whom Torrington lost a
contract, has had to rely on imports of some of the parts and articles
required in order to meet the specifications of the contract. The
Torrington Company concludes that absent the new suppliers' imports, it
would still benefit from the contract, and would not have had to layoff
employees of the Elberton plant.
Imports of components cannot be considered as a basis for worker
group certification. The Department is required to examine imports of
the articles produced and sold by the workers' firm, which in this case
are camshafts and shaft and yoke assemblies.
Conclusion
After a 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, DC, this 30th day of August 1999.
Edward a. Tomchick,
Program Manager, Office of Trade Adjustment Assistance.
[FR Doc. 99-23556 Filed 9-9-99; 8:45 am]
BILLING CODE 4510-30-M
