Precision Twist Drill Co., Rhinelander, WI; Notice of Negative Determination Regarding Application for Reconsideration [Notices] [07/24/2002]
Precision Twist Drill Co., Rhinelander, WI; Notice of Negative Determination Regarding Application for Reconsideration [07/24/2002]
Volume 67, Number 142, Page 48488
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-40,498]
Precision Twist Drill Co., Rhinelander, WI; Notice of Negative
Determination Regarding Application for Reconsideration
By application dated June 10, 2002, the United Steelworkers of
America, District-2, Local 9408 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 May 7, 2002, and published in the Federal Register on May
17, 2002 (67 FR 35140).
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 Precision Twist Drill Co.,
Rhinelander, Wisconsin was denied because the ``contributed
importantly'' group eligibility requirement of Section 222(3) 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 imported twist drill bits,
while decreasing their purchases from the subject firm during the
relevant period. The investigation also revealed that Precision Twist
Drill Co., Rhinelander, Wisconsin did not import articles ``like or
directly competitive'' with the products produced at the subject plant.
The separations at the subject plant were due to a transfer of plant
production to another domestic facility.
The petitioner supplied additional information based on a company
announcement dated April 25, 2002 indicating that the Rhinelander
facility would close down and approximately two-thirds of the blank
drill bit production would be manufactured overseas.
Based on data supplied during the initial investigation and further
contact with the company, the shifts in plant production did not occur
during the relevant period of the investigation. The shift in the
production of blank drill bits to foreign sources began during July
2002. Any potential future company imports of blank drill bits are
beyond the relevant period of the initial investigation.
The petitioner further alleges the subject plant once manufactured
drills for Boeing and that production was shifted to Crystal Lake,
Illinois. Since then, the company indicated they would shift that
production to Brazil.
Recent information provided by the company indicates that the
product (special drill bits) produced for Boeing was never produced at
the subject plant. Therefore, the shift in production to Brazil by the
Crystal Lake plant is not a relevant factor that is considered in
meeting the ``contributed importantly'' group eligibility requirement
of Section 222(3) of the Trade Act of 1974, as amended.
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 11th day of July 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-18643 Filed 7-23-02; 8:45 am]
BILLING CODE 4510-30-P
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