DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,611

HR TEXTRON CADILLAC GAGE, DAVID BROWN HYDRAULICS
GREENVILLE, OHIO

Notice of Negative Determination
Regarding Application for Reconsideration


By application of August 24, 2001, the Excello Independent
Union 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 applicable to
workers of HR Textron Cadillac Gage, David Brow Hydraulics,
Greenville, Ohio was issued on July 18, 2001, and was published
in the Federal Register on August 6, 2001 (66 FR 41052).
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 investigation findings revealed that criterion (3) of
the group eligibility requirements of Section 222 of the Trade
Act of 1974 was not met. The decision was based on imports not
contributing importantly to the decline in employment at the
subject plant. The decline in employment was related to a
domestic shift in plant production. The workers produced
hydraulic pumps and turret systems for military tanks.
The request for reconsideration alleges that hydraulic pumps
are imported from an affiliated plant located in Poole, England.
A review of the investigation and clarification from the
company indicates that during the relevant period of the
investigation, the subject plant workers assembled hydraulic
pumps from imported hydraulic pump components produced at an
affiliated plant located in Poole, England. The Poole, England
plant shipped the components to the subject plant, but did not
import the completed hydraulic pumps to the United States (except
under rare occasions) during the relevant period.
New information provided by the company shows that the Poole
facility began shipping completed hydraulic pumps back to the
United States during December 2001, which is beyond the scope of
the relevant period of the initial investigation. Therefore,
petitioners are encouraged to reapply for TAA, so an
investigation can be conducted to establish these new facts as
they relate to the workers of the subject firm during the
relevant time frame.


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, D.C., this 4th day of February 2002
/s/ Edward A. Tomchick

__________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance