[Federal Register Volume 62, Number 124 (Friday, June 27, 1997)]
[Notices]
[Page 34713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16926]


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DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-33,107]


Systems & Electronics, Incorporated West Plains, MO; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated March 26, 1997, the IAMAW Local #2782 
requested administrative reconsideration of the Department's negative 
determination regarding worker eligibility to apply for trade 
adjustment assistance. The denial notice applicable to workers of the 
subject firm located in West Plains, Missouri was signed on March 14, 
1997 and published in the Federal Register on March 31, 1997 (62 FR 
15199).
    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.
    Findings of the initial investigation showed that workers of 
Systems & Electronics, Incorporated, located in West Plains, Missouri 
produced electronic sub-assemblies (Integrated Mail Handling System, 
Dual Pass Rough Cull, M1000 Tank Transporter, Patriot Canisters and 
M860A1 Semitrailers) primarily for the U.S. Army and the U.S. Postal 
Service. The Department's denial of TAA for workers of the subject firm 
was based on the fact ``that the contributed importantly'' test of the 
Group Eligibility requirements of Section 222 of the Trade Act of 1974 
was not met.
    On reconsideration the Department of Labor surveyed the major 
declining customers of the subject firm regarding their purchases of 
Integrated Mail Handling System, Dual Pass Rough Cull, M1000 Tank 
Transporter, Patriot Canisters and M860A1 Semitrailers. The respondents 
reported no imports in the relevant period.
    The investigation also revealed that the separation of the workers 
was because the company does not have a continuous product line but 
performs work on contracts as received and workers are separated as 
contracts are done.
    In order to determine worker eligibility, the Department must 
examine imports of products like or directly competitive with those 
articles produced at the West Plains, Missouri location.
    The request for reconsideration claims that the Department did not 
consider the contracts awarded to Mexico and Israeli Countries. Under 
reconsideration we learned that the contracts that was awarded to 
Mexico and Israel were done as a contract basis and those product were 
not imported back to the United States either by the company or by 
their customers.

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 12th day of June, 1997.
Russell T. Kile,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 97-16926 Filed 6-26-97; 8:45 am]
BILLING CODE 4510-30-M