DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,758

TELEFLEX AUTOMOTIVE, INC.
A DIVISION OF TELEFLEX, INC.
VAN WERT, OHIO


Notice of Negative Determination
Regarding Application for Reconsideration

By application of June 13, 2003, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on June 6, 2003
and published in the Federal Register on June 19, 2003 (68 FR
36846).
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 TAA petition, filed on behalf of workers at Teleflex
Automotive, Inc., a division of Teleflex, Inc., Van Wert, Ohio
engaged in the production of patterns, 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 the workers' firm's customers. The
Department conducted a survey of the subject firm’s major
customers regarding their purchases of competitive products in
2000 through April 2003. The respondents reported no increased
imports. The subject firm did not increase its reliance on
imports of accelerator cable during the relevant period, nor did
it shift production to a foreign source.
The petitioner alleges that the layoffs are attributable to a
shift in production to Mexico.
A review of the initial investigation revealed that the
company will shift production to Mexico in the third or fourth
quarter of 2003; however, the scheduled shift is beyond the
relevant period of this investigation.
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 18th day of July, 2003.
/s/ Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance