[Federal Register: March 24, 2004 (Volume 69, Number 57)]
[Notices]               
[Page 13905-13906]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr04-92]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,145]

 
General Aluminum Manufacturing Co., Hudson Forge, Hudson, MI; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By application of January 23, 2004, the International Union, United 
Automobile, Aerospace & Agricultural Implement Workers of America-UAW, 
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 was signed on November 17, 2003, and 
published in the Federal Register on December 29, 2003 (68 FR 74977).
    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 petition for the workers of General Aluminum Manufacturing Co., 
Hudson Forge, Hudson, Michigan was denied because the ``contributed 
importantly'' group eligibility requirement of section 222 of the Trade 
Act of 1974, as amended, was not met. The ``contributed importantly'' 
test is generally demonstrated through a survey of customers of the 
workers' firm. The survey revealed that none of the respondents 
increased their purchases of exhaust manifolds and related automobile 
component parts. The company did not import exhaust manifolds and 
related automobile component parts, nor did the company shift 
production to a foreign source during the relevant period.
    The union alleges that the subject firm is an upstream supplier for 
a trade-affected company. The petitioner states that Hudson Forge 
facility was a sister plant and an upstream supplier to Metalloy 
Corporation Machining Operations, Hudson, Michigan, workers of which 
were certified eligible for TAA on February 11, 2002. The union further 
alleges that the closing of the Metalloy Corporation Machining 
Operations resulted in Hudson Forge ceasing operations.
    A company official was contacted in regard to these allegations. As 
a result, it was revealed that the subject firm supplied one part to 
the Metalloy Corporation Machining Operations, Hudson Michigan. In 
December of 2001, Metalloy Corporation Machining Operations, Hudson, 
Michigan shut down and moved its production to another General Aluminum 
Division in Fremont, Indiana, including the part manufactured by the 
subject firm. It was established that Metalloy Corporation Machining 
Operations, Hudson, Michigan ceased its production in December of 2001, 
which means that the subject firm did not supply components to this 
firm during the relevant period of this investigation. Furthermore, the 
review of the original investigation

[[Page 13906]]

revealed that the value of sales and production at the subject facility 
increased in 2002 compared with 2001. Therefore the closure of Metalloy 
Corporation Machining Operations, Hudson, Michigan did not have an 
impact on the subject firm's production and did not result in subject 
firm's loss of business.

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 in Washington, DC this 8th day of March, 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-6547 Filed 3-23-04; 8:45 am]

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