DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,340

LEAR CORPORATION
ELECTRICAL AND ELECTRONICS DIVISION (LEED)
PLANT 074
PERU, INDIANA

Notice of Negative Determination
Regarding Application for Reconsideration

By application of April 28, 2003, the Paper, Allied-
Industrial, Chemical & Energy Workers International Union
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
March 17, 2003, and published in the Federal Register on April 2,
2003 (68 FR 16093).
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 Lear Corporation Electrical
and Electronics Division (LEED), Plant 074, Peru, Indiana 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 plastic parts for
automotive fuse boxes and wire harnesses. The company did not
import plastic parts for automotive fuse boxes and wire harnesses
in the relevant period nor did it shift production to a foreign
The union asserts that the company shifted production to
Mexico, and most specifically alleges that a specific part number
(#90142) is currently being made at a Mexican facility.
Further investigation, including contact with the company,
revealed that the part specified was shifted to another domestic
facility. Further, a company official reconfirmed what was
established in the original investigation; no production was
shifted from the Peru, Indiana facility to a foreign source.


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 5th day of June, 2003

/s/ Elliott S. Kushner

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