Federal Register: June 22, 1998 (Volume 63, Number 119)NoticesPage 33953From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr22jn98-115

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-34,296Doehler-Jarvis, Toledo, OH; Notice of Negative Determination Regarding Application for Reconsideration

By application dated May 5, 1998, the United Automobile, Aerospace, Agricultural Implement Workers of America (UAW), Local 1058, 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 applicable to workers of the subject firm located in Toledo, Ohio, was signed on April 8, 1998 and published in the Federal Register on May 6, 1998 (63 FR 25081).

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, filedon behalf of workers of Doehler-Jarvis, Toledo, Ohio, producing transmission cases was denied based on the finding that 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 the workers' firm's customers. None of the Doehler- Jarvis customers reported increased import purchases while decreasing purchases of transmission cases from the Toledo plant.

In support of their application for reconsideration, the UAW Local 1058 submitted documents concerning a foreign company that will supply transmission cases to one of the major Doehler-Jarvis customers. A follow-up with this customer confirms that there were no imports of transmission cases during the time period relevant to the petition investigation. The customer reported that once Doehler-Jarvis made the announcement to close the Toledo production facility, they were required to pursue other suppliers of transmission cases.

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 decisions. Accordingly, the application is denied.

Signed at Washington, D.C. this 10th day of June 1998. Grant D. Beale, Acting Director, Office of Trade Adjustment Assistance.

FR Doc. 98-16547Filed6-19-98; 8:45 amBILLING CODE 4510-30-M