[Federal Register: June 12, 2002 (Volume 67, Number 113)]
[Notices]               
[Page 40340]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn02-124]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-40,610]

 
The Goodyear Tire & Rubber Company, East Gadsen, AL; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application of April 3, 2002, the United Steelworkers of 
America, AFL-CIO, CLC, Local Union No. 12L 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 
March 4, 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 Goodyear Tire & 
Rubber Company, East Gadsden, Alabama engaged in the production of 
passenger radial tires and light truck tires, was denied because 
criteria (2) was not met. Production of passenger radial tires and 
light truck tires at the subject plant increased from 2000 to 2001.
    The request for reconsideration alleges that company wide sales of 
tires declined during the relevant period. The petitioner attached 
various news articles to illustrate declines in company sales during 
the relevant period.
    An examination of Goodyear Tire and Rubber's 2001 Annual Report 
shows that the company's tire sales declined during the 2001 period 
over the corresponding 2000 period. Further examination of the 2001 
Annual Report shows that the preponderance in the declines in company 
tire sales is related to lost business in foreign countries, rather 
than lost do mestic tire sales.
    A further review of aggregate U.S. imports of radial tires shows 
that imports declined in the year 2001 compared to 2000. Also, the 
company did not import articles like or directly competitive with 
articles produced at the subject firm.
    Thus, on further analysis, criterion (3) group eligibility 
requirements of section 222 of the Trade Act of 1974 also was not met. 
Imports of radial tires did not contribute importantly to the subject 
plants layoffs. Analysis of information provided indicates that any 
fluctuation in corporate wide sales appears related to a global 
slowdown, rather than imports impacting the subject plant.

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, DC, this 3rd day of June, 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-14788 Filed 6-11-02; 8:45 am]
BILLING CODE 4510-30-P