DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,179

SMT, INC.
HANOVER, MICHIGAN

Notice of Negative Determination
Regarding Application for Reconsideration

By application of May 8, 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 April 4, 2003, and
published in the Federal Register on April 24, 2003 (68 FR
20177).
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 SMT Automotive, Inc.,
Schrader Machine & Tool, Hanover, Michigan 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 metal brackets and braces. The investigation revealed
that company did not import metal brackets and braces in the
relevant period, nor did it shift production to a foreign
facility.
The petitioner alleges that “eight jobs...went to
Raccine(sic) in Mexico” and proceeds to list several part
numbers.
When the petitioner was contacted for clarification on these
allegations, the Department was referred to a former company
official who had provided the information initially. This former
company official stated that the parts listed in the
reconsideration request concerned a Mexican customer. Foreign
customers are not relevant in TAA investigations.





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 3rd day of June, 2003

/s/ Elliott S. Kushner


ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance