[Federal Register Volume 64, Number 175 (Friday, September 10, 1999)] [Notices] [Page 49240] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-23556] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration [TA-W-35,934 and NAFTA-02989] The Torrington Company Elberton, Georgia; Notice of Negative Determination Regarding Application for Reconsideration By application dated July 6, 1999, the company requested administrative reconsideration of the Department's negative determination regarding eligibility to apply for Trade Adjustment Assistance (TAA) and NAFTA-Transitional Adjustment Assistance (NAFTA- TAA), applicable to workers and former workers of the subject firm. The denial notices applicable to workers of the Torrington Company located in Elberton, Georgia, were signed on May 13, 1999, and published in the Federal Register on June 3, 1999 (64 FR 29888) and (64 FR 29889), respectively. 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, filed on behalf of workers of The Torrington Company, Elberton, Georgia, producing automotive camshafts and shaft and yoke assemblies was denied because the ``contributed importantly'' group eligiblity 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 Torrington Company customers reported increased import purchases or articles while decreasing purchases from Torrington's Elberton plant. The NAFTA-TAA petition for the same worker group was denied because criteria (3) and (4) of the group eligibility requirements in paragraph (a)(1) of Section 250 of the Trade Act, as amended, were not met. There were no company imports of automotive camshafts or shaft and yoke assemblies from Mexico or Canada, nor was there a shift in production from the workers' firm to Mexico or Canada. A survey of the major declining customers of the Torrington Company showed that none of the respondents increased import purchases of automotive camshafts or shaft and yoke assemblies from Mexico or Canada. In support of their application for reconsideration, the company asserts that a domestic manufacturer to whom Torrington lost a contract, has had to rely on imports of some of the parts and articles required in order to meet the specifications of the contract. The Torrington Company concludes that absent the new suppliers' imports, it would still benefit from the contract, and would not have had to layoff employees of the Elberton plant. Imports of components cannot be considered as a basis for worker group certification. The Department is required to examine imports of the articles produced and sold by the workers' firm, which in this case are camshafts and shaft and yoke assemblies. Conclusion After a 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 30th day of August 1999. Edward a. Tomchick, Program Manager, Office of Trade Adjustment Assistance. [FR Doc. 99-23556 Filed 9-9-99; 8:45 am] BILLING CODE 4510-30-M