[Federal Register: February 17, 2004 (Volume 69, Number 31)]
[Notices]
[Page 7510-7511]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17fe04-114]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-53,094]
Eastman Machine Company Buffalo, New York; Notice of Negative
Determination Regarding Application for Reconsideration
By application of December 4, 2003, the United Automobile,
Aerospace, and Agricultural Implement Workers of America, Local 936
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 signed on November 6, 2003 and published in the
Federal Register on November 28, 2003 (68 FR 66877).
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;
[[Page 7511]]
(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 mis-
interpretation of facts or of the law justified reconsideration of the
decision.
The TAA petition, filed on behalf of workers at Eastman Machine
Company, Buffalo, New York engaged in the production of manual and
automatic cutting machines were denied because the ``contributed
importantly'' group eligibility requirement of Section 222(3) of the
Trade Act of 1974 was not met. The subject firm did not import manual
and automatic cutting machines and production was not shifted abroad.
The union alleges that the subject firm failed to report imports of
machines called D2's from China.
A company official was contacted in regard to these allegations.
The official stated that D2 machines are indeed being imported by the
subject firm, however, it is a very insignificant part of business
which represents less than one percent of subject firm's total sales
and production. Plant production and employment were not affected by
these negligible imports during the relevant period.
The petitioner further alleges that the subject firm experienced
``a drop in sales of another line of machines called the straight knife
line due to cheaper clones being made in China and other countries.'' A
production chart for years from 1988 to 2002 is attached in support of
this allegation. The chart shows a decline in production of 629X
machines from 2000 to 2001 and an increase from 2001 to 2002.
In its investigation, the Department considers production that
occurred a year prior to the date of the petition. Thus the period
ending in 2001 is outside the relevant period as established by the
petition date of September 19, 2003. Thus a drop in production of 629X
machines prior to 2001 is irrelevant in this investigation.
The union also alleges that Eastman is importing finished
components for the machinery produced by the subject firm.
In fact, the original investigation revealed imports of components
by the subject firm. However, in assessing the eligibility of a
petitioning worker group for trade adjustment assistance, the
Department considers imports that are ``like or directly'' competitive
to those produced by the petitioning worker group. Imported components
are used for further manufacturing by the subject firm and are not
considered ``like or directly'' competitive with manual and automatic
cutting machines produced by the subject firm, and thus do not meet the
eligibility requirements of the Trade Act of 1974.
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, DC, this 23rd day of January, 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-3310 Filed 2-13-04; 8:45 am]
BILLING CODE 4510-30-P