Laird Technologies, Asheboro, NC; Notice of Negative
Determination Regarding Application for Reconsideration, [08/20/2002]
Volume 67, Number 161, Page 53972-53973
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-41,260]
Laird Technologies, Asheboro, NC; Notice of Negative
Determination Regarding Application for Reconsideration,
By application dated July 26, 2002, a petitioner 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 July 2,
[[Page 53973]]
2002 and published in the Federal Register on July 18, 2002 (67 FR
47400).
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 TAA petition, filed on behalf of workers at Laird Technologies,
Asheboro, North Carolina engaged in the production of Electromagnetic
Interface (EMI) and Radio Frequency Interface (RFI) Shielding, 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 the workers' firm's customers. The Department
conducted a survey of the subject company's major customers regarding
their purchases of EMI/RFI shielding in 2000 and 2001. The customers
reported either no imports or declining imports during the relevant
period. The subject firm did not import EMI/RFI shielding during the
relevant period. Laird Technologies is transferring production from
Asheboro, North Carolina to other affiliated domestic facilities.
The petitioner appears to be indicating the company is building a
production plant in China and sometime in the future the Chinese plant
will be producing products like or directly competitive with what the
subject plant produced. The petitioner believes the shift in production
to China meets the eligibility requirements of the Trade Act of 1974,
as amended.
A shift in production to a foreign source under TAA is not a
relevant factor in meeting the eligibility requirement under section
222(3) of the Trade Act of 1974, as amended. Any potential imports of
Electromagnetic Interface (EMI) and Radio Frequency Interface (RFI)
Shielding into the United States from the Chinese plant must enter the
United States during the relevant period of the investigation to meet
the 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 decisions. Accordingly, the application is denied.
Signed at Washington, DC, this 12th day of August, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-21096 Filed 8-19-02; 8:45 am]
BILLING CODE 4510-30-P
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