DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,310

INTERMET HAVANA FOUNDRY
A DIVISION OF INTERMET
HAVANA, ILLINOIS

Notice of Negative Determination
Regarding Application for Reconsideration

By application of April 27, 2004, 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 March 26, 2004
and published in the Federal Register on May 24, 2004 (69 FR
29575).
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 Intermet
Havana Foundry, a division of Intermet, Havana, Illinois engaged
in the production of ductile iron castings was denied because the
"contributed importantly" group eligibility requirement of
Section 222 of the Trade Act of 1974 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 ductile iron castings during 2002,
2003 and January 2004. The respondents reported no increased
imports. The subject firm did not increase its reliance on
imports of ductile iron castings during the relevant period, nor
did it shift production to a foreign source.
The petitioner alleges that the layoffs at the subject firm
are attributable to a shift in production to Mexico. To support
this allegation, a petitioner attached copies of Intermet
employees’ correspondence regarding transfers of assets from Havana
facility to Mexico.
A review of the initial investigation and a further contact
with a company official confirmed that Intermet Havana Foundry, a
division of Intermet, Havana, Illinois did plan a shift of
production from Havana, Illinois to Mexico. The company official
stated that Intermet began planning to construct a facility in
Mexico in 2003 and planned to move assets to that newly
constructed facility. However, the subject firm decided to put
plans for a new facility in Mexico on hold for an indefinite
period of time. Therefore, as of today, no production has been
shifted to Mexico and the work performed at the Havana facility
is being shifted to other Intermet facilities in the United
States.
Should the shift to Mexico occur, the petitioners are
encouraged to file a new petition on behalf of workers at the
Intermet Havana Foundry, a division of Intermet, Havana,
Illinois, thereby creating a relevant period of investigation
that would include changing conditions.
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 15th day of June 2004.
/s/ Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance