ETA Federal Register Notice

Tecumseh Products Company, Somerset, Kentucky; Notice of Negative Determination Regarding Application for Reconsideration [08/01/2000]

Volume 65, Number 148, Page 46958

[[Page 46958]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-37,563]

 
Tecumseh Products Company, Somerset, Kentucky; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated July 7, 2000, attorneys on behalf of the 
workers (hereinafter referenced as the petitioner), request 
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 
Tecumseh Products Company, Somerset, Kentucky. The denial notice was 
signed on May 12, 2000, and published in the Federal Register on June 
8, 2000 (65 FR 36469).
    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.
    To support the application for reconsideration, the petitioner 
provided a published article quoting a company official of Tecumseh 
Products Company linking the Somerset plant closing with the dumping of 
cheap Asian compressors in the United States, devastating the subject 
firm customer base. The petitioner states also that the article cites 
that the layoffs and plant closure are intended to help Tecumseh cut 
prices so it can combat the challenge.
    The workers at Tecumseh Products Company, Somerset, Kentucky, 
produced refrigeration and air conditioner compressors. The workers 
were denied eligibility to apply for TAA based on the finding that the 
contributed importantly criterion (3) of the worker group eligibility 
requirements of Section 222 of the Trade Act of 1974, as amended, was 
not met. Section 222 (3) requires that increased imports of articles 
like or directly competitive with those produced at the subject firm 
contribute importantly to declines in sales or production and worker 
separations. Layoffs at Tecumseh Products Company were attributable to 
the company's decision to transfer production to other domestic 
facilities. The investigation further revealed that the majority of the 
output at the Somerset, Kentucky plant was for the export market. A 
lost of export market business cannot be considered a basis for worker 
group certification.

Conclusion

    After review of the application and investigative findings, In 
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 17th day of July 2000.
Grant D. Beale,
Program Manager, Division of Trade Adjustment Assistance.
[FR Doc. 00-19410 Filed 7-31-00; 8:45 am]
BILLING CODE 4510-30-M