White Rodgers, Coils Division, A Division of Emerson, Harrison, Arkansas; and White Rodgers, Air Cleaners Division, A Division of Emerson, Harrison, Arkansas; Notice of Negative Determination Regarding Application for Reconsideration [10/10/2003]
Volume 68, Number 197, Page 58722-58723
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-51,455A and TA-W-51,455C]
White Rodgers, Coils Division, A Division of Emerson, Harrison,
Arkansas; and White Rodgers, Air Cleaners Division, A Division of
Emerson, Harrison, Arkansas; Notice of Negative Determination Regarding
Application for Reconsideration
By application of June 19, 2003, a company official 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 June 4, 2003 and published in the Federal
Register on April 24, 2003 (68 FR 36847).
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 mis-
interpretation of facts or of the law justified reconsideration of the
decision.
The TAA petition, filed on behalf of workers at White Rodgers,
Coils Division, a division of Emerson, Harrison, Arkansas (TA-W-
51,455A) engaged in the production of coils, and on behalf of workers
at White Rodgers, Air Cleaner Division, a division of Emerson,
Harrison, Arkansas (TA-W-51,455C) were denied because the ``contributed
importantly'' group eligibility requirement of Section 222(3) of the
Trade Act of 1974 was not met and production was not shifted abroad.
The company official who filed the reconsideration request stated
that, in regard to the Coils Division, production at the subject
division was dependent on other divisions being adjacent; once
production phases that preceded coil production (injection molding used
to wind coils), and followed coil production (gas valves that
incorporated the coils) were shifted from the subject division site, it
became necessary to move the coil production to another domestic
location. As a result, the official contends, the coil production was
impacted by a shift of production to Mexico.
Contact with another company official confirmed what had been
established in the initial investigation, which was that production at
the Coils Division shifted exclusively to a domestic site. It was also
revealed that, although competitive production does occur at an
affiliate in Mexico, there was no evidence of a shift from the subject
facility to the Mexican affiliate or any U.S. imports resulting from
this or any other foreign production.
The company official who filed the reconsideration request also
stated that, in regard to the Air Cleaner Division, (TA-W-51-455C)
production had been shifted to Mexico in June of 2003.
Follow up contact with the company revealed that the majority of
production was shifted from the Air Cleaner Division in Harrison,
Arkansas to Mexico. However, the shift began outside of the relevant
period of this investigation. The petitioners are thus encouraged to
file a new petition on behalf of workers at the Air Cleaner Division,
thereby creating a relevant period of investigation that would include
changing conditions.
Conclusion
After review of the application and investigative findings, I
conclude that there has been no error or
[[Page 58723]]
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 22nd day of September, 2003.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-25713 Filed 10-9-03; 8:45 am]
BILLING CODE 4510-30-P
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