ETA Federal Register Notice

Tyco Electronics Corporation, Jacobus, PA; Notice of Negative Determination Regarding Application for Reconsideration [07/18/2002]

Volume 67, Number 138, Page 47407

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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-05836]

 
Tyco Electronics Corporation, Jacobus, PA; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application postmarked March 22, 2002, an employee requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for North American Free 
Trade Agreement-Transitional Adjustment Assistance (NAFTA-TAA), 
applicable to workers and former workers of the subject firm. The 
denial notice was signed on February 28, 2002, and was published in the 
Federal Register on March 20, 2002 (67 FR 13011).
    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 denial of NAFTA-TAA for workers engaged in activities related 
to the production of electrical connectors at Tyco Electronics 
Corporation, Jacobus, Pennsylvania including an offsite warehouse at 
Shrewsbury, Pennsylvania was based on the finding that criteria (3) and 
(4) of the group eligibility requirements of paragraph (a)(1) of 
section 250 of the Trade Act, as amended, were not met. The company did 
not shift production of electrical connectors to Canada or Mexico and 
did not import electrical connectors from Canada or Mexico. The 
predominant cause of worker separations at the subject plant is due to 
a domestic shift of production to other affiliated domestic locations.
    The petitioner appears to be alleging that the company shifted a 
portion of subject plant production to Mexico. The petitioner further 
believes that the subject firm imports electrical connectors to the 
United States. The petitioner attached shipping invoices to depict 
various imports by the company.
    Based on information provided during the initial investigation and 
recent contact with the company, no shifts in plant production occurred 
during the relevant period. All subject plant production was shifted to 
other domestic sources. The information supplied by the company further 
indicates that they did not import any products like or directly 
competitive with what the subject plant produced.
    The petitioner attached three shipping invoices to illustrate the 
various products imported by the company. Two of the three shipping 
invoices consisted of products imported from countries other than 
Canada or Mexico to the subject plant. The third invoice shows that the 
company imports some type of product from Mexico. The company was 
contacted concerning the invoices and indicated that the imported 
products were component parts used to produce the finished electrical 
connectors. The imported products, must be like or directly competitive 
with what the subject plant produces to meet the eligibility 
requirements for NAFTA-TAA under section 250 of the Trade Act of 1974.

Conclusion

    After review of the application for reconsideration 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 5th day of July 2002.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 02-18078 Filed 7-17-02; 8:45 am]
BILLING CODE 4510-30-P