[Federal Register Volume 65, Number 116 (Thursday, June 15, 2000)]
[Notices]
[Pages 37577-37578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15143]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-37,239 and NAFTA-3642]


DeZurik Corporation, McMinnville, TN; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated April 15, 2000, the International Association 
of Machinists (IAM), Local 1941, requested administrative 
reconsideration of the Department's negative determination regarding 
worker eligibility to apply for Trade Adjustment Assistance (TAA) and 
North American Free Trade Agreement-Transitional Adjustment Assistance 
(NAFTA-TAA). The denial notices applicable to workers of the subject 
firm were signed on March 30, 2000 and published in the Federal 
Register on April 21, 2000, TA-W-37,239 (65 FR 21437) and NAFTA-3642 
(65 FR 21439).
    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;

[[Page 37578]]

    (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.
    Workers producing industrial valves at DeZurik Corporation, 
McMinnville, Tennessee, were denied eligibility to apply for TAA based 
on the finding that the contributed importantly criterion of section 
222 of the Trade Act of 1974, as amended, was not met. Layoffs at the 
subject firm plant were attributable to the transfer of production to 
another domestic facility. The subject firm did not import articles 
like or directly competitive with those produced at the McMinnville 
plant. Customer imports of industrial valves were minor and accompanied 
by increased domestic purchases during the time period relevant to the 
investigation.
    The NAFTA-TAA petition for the same worker group was denied based 
on the Department's finding that criteria (3) and (4) of the worker 
group eligibility requirements contained in paragraph (a)(1) of section 
250 of the Trade Act of 1974, as amended, were not met. There were no 
company imports from Mexico or Canada of articles like or directly 
competitive with those produced at the workers' firm. Customer imports 
of industrial valves from Mexico or Canada did not contribute 
importantly to worker separations at the workers' firm. There was no 
shift in production of industrial valves from the McMinnville plant to 
Mexico or Canada. Layoffs at the subject firm were attributable to a 
shift in production to another domestic facility.
    The IAM provided documentation on company imports of cylinders, 
knife gate valve bodies ready for assembly, and multiple parts, that 
were formerly produced by workers at the subject firm. Additionally, 
the IAM provided a listing of machines that will be sent to the 
company's plant in Canada.
    For both the TAA and NAFTA-TAA petition investigations, the 
Department is required to determine import impact of the articles 
produced at the workers' firm. In this case, during the time period 
relevant to the investigation, the primary output at the plant was 
industrial valves. Although the company acknowledges imports of 
cylinders and other components, those articles cannot be considered 
like or directly competitive with the finished product, industrial 
valves. Machinery sent to Canada is not a basis for worker group 
certification. A small percentage of production at the McMinnville 
plant will be shifted to Canada but that has not as yet occurred.

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 5th day of June, 2000.
Grant D. Beale,
Program Manager, Division of Trade Adjustment Assistance.
[FR Doc. 00-15143 Filed 6-14-00; 8:45 am]
BILLING CODE 4510-30-M