DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,128

DT PRECISION ASSEMBLY INDUSTRIES
ERIE, PENNSYLVANIA

Notice of Negative Determination
Regarding Application for Reconsideration

By application of May 21, 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 23, 2003,
and published in the Federal Register on May 7, 2003 (68 FR
24502).
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 DT Precision Assembly
Industries, Erie, Pennsylvania was denied because the
“contributed importantly” group eligibility requirement of
Section 222 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 automated assembly machines, rotary dial and in-line
type machines. The company did not import automated assembly
machines, rotary dial and in-line type machines in the relevant
period nor did it shift production to a foreign country.
The petitioner provides a copy of what he alleges to be
primary domestic and overseas competitors.
The petitioner further alleges that the subject firm is
faced with competitors from Canada, Europe and Asia.
A review of competitors is not relevant to investigations
concerning import impact on workers applying for trade adjustment
assistance. As noted above, “contributed importantly” test is
generally demonstrated through a survey of customers of the
workers’ firm to examine the direct impact on a specific firm.
No imports were evidenced as a result of this survey.


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 24th day of July, 2003

/s/ Elliott S. Kushner

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