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[Federal Register: June 11, 2002 (Volume 67, Number 112)]
[Notices]               
[Page 40007]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn02-99]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-39,989]

 
Crouse-Hinds, Division of Cooper Industries, Inc., Syracuse, NY; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By application of March 15, 2002, the International Brotherhood of 
Electrical Workers (IBEW), Local <greek-i>2084 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 26, 2002 and published in the Federal Register on March 20, 
2002 (67 FR 13010).
    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 Crouse-Hinds, 
Division of Cooper Industries, Inc., Syracuse, New York engaged in the 
production of electrical products designed to protect electrical 
systems, 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 the workers' firm's customers. The 
investigation revealed that there was no lost customer base at the 
Syracuse plant. The investigation further revealed that the company 
anticipates transferring some of the production to a foreign source, 
but this did not occur during the investigation. The company did not 
import electrical products that protect electrical systems during the 
period of the investigation.
    The petitioner alleges that some production at the subject firm was 
recently produced at affiliated foreign facilities. The petitioner 
further indicated, that this production began at the time of the 
writing of their request for administrative reconsideration.
    A shift in production is not relevant to meeting the eligibility 
requirement relating to the Trade Act of 1974. In order for the workers 
to meet the eligibility requirement, imports ``like or directly 
competitive'' with what the subject plant produced must ``contribute 
importantly'' to the layoffs at the subject plant. A review of the 
initial investigation shows that the company did not import products 
``like or directly competitive'' during the initial investigation.
    A TAA petition filed by the workers of Crouse-Hinds, Division of 
Cooper Industries, Inc., Syracuse, New York was instituted by the 
Department of Labor on April 8, 2002. The identifying number is TA-W-
41,277. That investigation will consider all pertinent data that was 
obtained during the initial investigation and all relevant data 
obtained since that investigation.

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, DC, this 14th day of May, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-14591 Filed 6-10-02; 8:45 am]
BILLING CODE 4510-30-P

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