DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,872

BREED TECHNOLOGIES INCORPORATED
KNOXVILLE, TENNESSEE

Notice of Negative Determination
Regarding Application for Reconsideration

By application of October 30, 2002, the Union of
Needletrades, Industrial & Textile Employees, Tennessee/Kentucky
District, requested administrative reconsideration of the
Department's negative determination regarding eligibility to
apply for Trade Adjustment Assistance (TAA), applicable to
workers and former workers of the subject firm. The denial
notice was signed on September 24, 2002, and published in the
Federal Register on October 10, 2002 (67 FR 63159).
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 petition for the workers of Breed Technologies
Incorporated, Knoxville, Tennessee was denied because the
"contributed importantly" group eligibility requirement of
Section 222(3) of the Trade Act of 1974, as amended, was not met.
The "contributed importantly" test is generally demonstrated
through a survey of customers of the workers' firm. The survey
revealed that none of the respondents increased their purchases
of imported automobile seat belt components.
The petitioner states that the production of automobile seat
belt components made at the subject firm was relocated to a
foreign facility. They further assert that these currently
foreign-produced components "will become part of seat belt
assemblies that are now being imported from Mexico to the United
States". They conclude that if the subject firm had not decided
to shift component production, there would be no job loss.
Seat belt assemblies are not "like or directly competitive"
with the products produced (automobile seat belt components) by
the subject firm. Therefore, the imports of seat belt assemblies
is not relevant in meeting the eligibility requirement of Section
222(3) of the Trade Act of 1974, as amended.





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 13th day of February 2003.

/s/ Edward A. Tomchick


EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance