Asti, Inc., Transaction Printer Group, Inc., Riverton, Wyoming; Notice of Negative Determination Regarding Application for Reconsideration [06/02/2004]
Volume 69, Number 106, Page 31131-31132
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-54,002]
Asti, Inc., Transaction Printer Group, Inc., Riverton, Wyoming;
Notice of Negative Determination Regarding Application for
Reconsideration
By application of March 21, 2004, 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 February 25, 2004 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
misinterpretation of facts or of the law justified reconsideration of
the decision.
The TAA petition, filed on behalf of workers at Asti, Inc.,
Transaction Printer Group, Inc., Riverton, Wyoming engaged in the
production of impact printers, was denied because the ``contributed
importantly'' group eligibility requirement of Section 222 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 firm's
major customers regarding their purchases of impact printers in 2002
and 2003. The respondents reported no increased imports. The subject
firm did not increase its reliance on imports of impact printers during
the relevant period, nor did it shift production to a foreign source.
The petitioner alleges that the layoffs at the subject firm are
attributed to a shift in production from Riverton plant and from
another manufacturing facility in Ithaca, New York to Mexico in 1999.
To support this statement, the petitioner attached a letter signed by
the General Manager of Axiohm dated July 28, 1999 which announces a
shift of manufacturing operations from the
[[Page 31132]]
Riverton plant to be completed by December 1999.
A company official was contacted to clarify whether a shift in
production occurred within the subject firm during 2003 and 2004. The
official confirmed directly that there was no shift in production from
the subject firm to the Mexican facility in the relevant time period. A
shift to Mexico mentioned by the petitioner took place in 1999, which
is outside of the relevant time period.
The official further stated that though the subject firm does own a
facility in Mexico, products manufactured there are not like or
directly competitive with those manufactured at the Riverton 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 21st day of May, 2004.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-12385 Filed 6-1-04; 8:45 am]
BILLING CODE 4510-30-P
|
