[Federal Register Volume 62, Number 237 (Wednesday, December 10, 1997)]
[Notices]
[Pages 65101-65102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32303]


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DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-33,338]


The Standard Products Company, Lexington, Kentucky; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application of July 25, 1997, the International Union, United 
Automobile, Aerospace & Agricultural Implements of America--UAW 
requested administrative reconsideration of the Department's negative 
determination regarding worker eligibility to apply for trade 
adjustment assistance, applicable to workers of the subject firm. The 
denial notice was signed on June 5, 1997 and was published in the 
Federal Register (62 FR 34711) on June 27, 1997.
    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 request for reconsideration claims that some of the equipment 
in the Lexington, Kentucky was being sent to Georgetown, Canada to 
produce parts that were produced at the subject firm and that some 
machinery was being sent to Goldsboro, North Carolina and would later 
be sent to the company's plant in Mexico.
    In order for the Department to issue a worker group certification, 
all of the group eligibility requirements of Section 222 of the Trade 
Act must be met. Review of the investigation findings show that 
criterion (3) was not met. Layoffs at the subject firm were the result 
of the consolidation of extruded and molded rubber sealing system 
component production from the subject firm into two other company-owned 
plants located domestically in Gaylord,

[[Page 65102]]

Michigan and Goldsboro, North Carolina. The shift in production is 
attributed to domestic excess capacity and the company's need to cut 
costs to stay competitive in the market place. No production performed 
at the subject firm was shifted to any foreign location to serve the 
company's domestic market. The equipment at the plant was shipped to 
whichever plants of the company had a need for additional machinery 
that could be used in the company's extrusion process. Except for the 
shipment of certain machinery to Gaylord and Goldsboro for the express 
purpose of serving the enhanced production at those facilities, no 
machinery was shipped to any location to support the production of 
parts that had previously been made in Lexington. Some equipment was 
shipped to Georgetown, Canada, to support existing production at that 
plant, but no production moved from Lexington to Georgetown, Canada or 
is being imported back to the United States.
    The company recently opened a plant in Mexico. At present the plant 
has received two contracts, one from a Japanese manufacturer, and one 
from an American manufacturer. Production under these contracts will 
not begin before 1999. The Company's Mexican production will supply 
those automakers in Mexican plants only.

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, D.C. this 28th day of November 1997.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 97-32303 Filed 12-9-97; 8:45 am]
BILLING CODE 4510-30-M