ETA Federal Register Notice

Innovex, Inc., Chandler, Arizona; Notice of Negative Determination Regarding Application for Reconsideration [04/17/2002]

Volume 67, Number 74, Page 18929

[[Page 18929]]

-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-39,417]

 
Innovex, Inc., Chandler, Arizona; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of December 19, 2001, petitioners 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 applicable to workers of Innovex, Inc., Chandler, Arizona 
was issued on November 27, 2001, and was published in the Federal 
Register on December 18, 2001 (66 FR 65220).
    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 investigation findings revealed that criterion (3) of the group 
eligibility requirements of Section 222 of the Trade Act of 1974 was 
not met. Increased imports of articles like or directly competitive 
with articles produced by the firm did not contribute importantly to 
worker separations at the subject firm.
    The request for reconsideration claims that the company imported 
products like or directly competitive with what the subject plant 
produced, due to a partial shift in plant production to a foreign 
source. The petitioner provided a list of the subject plant's customers 
that they believe are now receiving these products for foreign sources.
    A review of data supplied during the initial investigation and 
clarification provided by the company shows that over three-quarters of 
plant production of flexible circuits was shifted to other domestic 
locations. The remaining production was shifted to Thailand. The 
production performed in Thailand is then distributed to countries all 
over the world. The amount of flexible circuits shipped from Thailand 
to the firm's customers located in the United States is negligible in 
relation to the production that was performed at the subject plant.

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 19th day of March 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-9345 Filed 4-16-02; 8:45 am]
BILLING CODE 4510-30-M