[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] ----------------------------------------------------------------------- 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