Intermet, Radford Foundry, Radford, Virginia; Notice of Negative Determination Regarding Application for Reconsideration [05/10/2004]
Volume 69, Number 90, Page 25927-25928
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-52,861]
Intermet, Radford Foundry, Radford, Virginia; Notice of Negative
Determination Regarding Application for Reconsideration
By application of January 9, 2004, 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 November 19, 2003 and published in the
Federal Register on April 6, 2004 (69 FR 18109).
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 Intermet, Radford
Foundry, Radford, Virginia engaged in the production of camshafts,
reaction shafts and transmission components were denied because the
``contributed importantly'' group eligibility requirement of Section
222 of the Trade Act of 1974 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 firm's major customers
[[Page 25928]]
regarding their purchases of camshafts, reaction shafts and
transmission components during 2001, 2002 and January through September
of 2003. The respondents reported no increased imports. The subject
firm did not increase its reliance on imports of camshafts, reaction
shafts and transmission components during the relevant period, nor did
it shift production to a foreign source.
The petitioner alleges that the layoffs at the subject firm are
attributable to a shift in production to foreign countries.
A review of the initial investigation and a further contact with a
company official confirmed that Intermet, Radford Foundry, Radford,
Virginia did plan a shift of production from Radford, Virginia facility
to Mexico in the second quarter of 2004, after the relevant time
period. The company official further indicated that no production has
been moved from Radford Foundry to Mexico as of February 19, 2004, and
no time line was given to when this will happen.
Should the shift to Mexico occur, the petitioners are encouraged to
file a new petition on behalf of workers at the Intermet, Radford
Foundry, Radford, Virginia, 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 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 13th day of April 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E4-1057 Filed 5-7-04; 8:45 am]
BILLING CODE 4510-13-P
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