[Federal Register: May 13, 2004 (Volume 69, Number 93)]
[Notices]
[Page 26621-26622]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my04-150]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-53,702]
Snap-On Tools Manufacturing Company, Kenosha, WI; Notice of
Negative Determination Regarding Application for Reconsideration
By application of March 5, 2004, International Association of
Machinists, District Lodge 34 requested administrative reconsideration
of the Department's negative determination regarding eligibility for
workers and former workers of the subject firm to apply for Trade
Adjustment Assistance (TAA). The denial notice was published in the
Federal Register on March 12, 2004 (69 FR 11888).
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 at Snap-On Tools
Manufacturing Company, Kenosha, Wisconsin engaged in the production of
hand tools, was denied because criteria I.C and II.B and the
``contributed importantly'' group eligibility requirement of Section
222 of the Trade Act of 1974, as amended, were not met. The
``contributed importantly'' test is generally demonstrated through a
survey of the workers' firm's customers. The survey revealed an
insignificant level of imports during the relevant period. The subject
firm imported a negligible amount of hand tools during the relevant
period.
The petitioner alleges that the company is currently in the process
of purchasing a facility in China for the purpose of shifting some of
the production from the subject facility.
A company official was contacted in regard to these allegations.
The official stated that there never was a shift of hand tools
production from Snap-On Tools Manufacturing Company, Kenosha, Wisconsin
abroad and no plans exist to move any production from the subject
facility to China.
The petitioner further alleges that Snap-on, Inc. is considering to
[[Page 26622]]
discontinue the E-Line Plier line and replacing it with foreign made
products, manufactured in Sweden or Germany and mentions Blue Point
product, which was affected by the foreign trade.
The official stated that E-Line Pliers were never manufactured at
the subject facility and that this line existed at another Snap-on
Tools, Inc. facility in Mt. Carmel, Illinois. The official further
stated that the company does import power tools which are branded as
Blue Point, however, they are not like or directly competitive with
products manufactured at Snap-On Tools Manufacturing Company, Kenosha,
Wisconsin. The company has been outsourcing manufacturing of the
adjustable wrenches and pliers from overseas vendors for many years,
however, this sourcing, including Blue Point tools represents less than
2 percent of the overall production of Snap-on, Inc. and did not
increase during the relevant time period.
Finally, the petitioner alleges that the subject firm lost a
considerable amount of business to its competitor, a company which is
``more price-competitive due to the use of overseas trade.''
A review of competitors is not relevant to an investigation
concerning import impact on workers applying for trade adjustment
assistance. As noted above, ``contributed importantly'' test is
generally demonstrated through a survey of customers of the workers'
firm to examine the direct import impact on a specific firm. No imports
or very insignificant amount of imports of hand tools were evidenced
during the survey of subject firm's customers during the original
investigation.
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, DC, this 30th day of April 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-10863 Filed 5-12-04; 8:45 am]
BILLING CODE 4510-30-P