DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,723

SNORKEL INTERNATIONAL
OMNIQUIP TEXTRON, INC.
ELWOOD, KANSAS

Notice of Negative Determination
Regarding Application for Reconsideration

By application received on October 4, 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 applicable to workers of
Snorkel International, Omniquip Textron Inc., Elwood, Kansas was
signed on September 9, 2002, and published in the Federal
Register on September 27, 2002 (67 FR 61160).
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 Snorkel
International, Omniquip Textron Inc., Elwood, Kansas, engaged in
activities related to production of aerial work platforms, was
denied because the "contributed importantly" group eligibility
requirement of Section 222(3) of the Trade Act was not met. The
contributed importantly test is generally demonstrated through a
survey of the customers of the workers' firm. Results of the
survey revealed that customers did not increase their imports of
competitive products during the relevant period.
In requesting reconsideration, the petitioner attached a
copy of an article taken from the company website referring to a
significant shift in production from the Kansas facility to New
Zealand.
As the same article was attached to the petition, a company
official was contacted during the initial investigation to
clarify the facts in the website article. The official revealed
that, there is a company facility in New Zealand, but it does not
service domestic customers and the company does not import aerial
work platforms from this facility to the United States.
The company official further indicated that the article in
question had been put on the website without official
authorization from the company and was purely speculative.


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 3rd day of February 2003.
/s/ Edward A. Tomchick


EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance