DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-42,311

NEW ENGLAND IRON, LLC
SPRINGFIELD, MASSACHUSETTS

Notice of Negative Determination
Regarding Application for Reconsideration

By application February 6, 2003, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm. The denial notice was signed on December 13, 2002,
and published in the Federal Register on January 9, 2003 (67 FR
1201).
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 petition for the workers of New England Iron, LLC,
Springfield, Massachusetts was denied because the “contributed
importantly” group eligibility 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
customers of the workers’ firm. The survey revealed that none of
the respondents increased their purchases of imported grey iron
castings. The company did not import grey iron castings in the
relevant period.
The petitioner asserts that the subject firm was a tier (2)
supplier to a tier (1) company that in turn machined the castings
and sold them to an automaker. The petitioner further alleges
that this automaker is currently having these machined castings
made in Brazil.
In assessing the eligibility of a petitioning worker group
for trade adjustment assistance, the Department considers imports
that are “like or directly” competitive to those produced by the
petitioning worker group. As the grey iron castings that are
allegedly imported are subject to further processing (e.g.,
machined), they would not be considered “like or directly”
competitive with the grey iron castings produced by the subject
firm, and thus do not meet the eligibility requirements of the
Trade Act of 1974.


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 19th day of March, 2003

/s/ Edward A. Tomchick

EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance