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January 31, 2003

Mr. H. Dean Bouland, Esq.
Bouland & Brush, LLC
201 North Charles Street
Suite 2400
Baltimore, Maryland 21201-4105

Dear Mr. Bouland:

This responds to your letter of October 18, 2002, in which you request that FTA review, for a second time, our determination that your client’s Buy America waiver has expired based on our findings that there are two domestic manufacturers of heavy-duty parallelogram lifts, Rotary and Mohawk.

Our initial finding, dated July 3, 2001, was based on a review of the state of the lift market at the time. We then reviewed these facts again, at your request, and issued a confirmation of our findings on October 18, 2001. I find no new arguments in your latest letter. I note an undated affidavit claiming that, "Mohawk Lifts does not currently have a heavy-duty parallelogram lift on the market and has not delivered such a lift to any customer." The affiant’s claim, upon which you appear to base your most recent petition, is not supported by the facts. A number of sources, including numerous branches of the New York State Department of Transportation; the Massachusetts Bay Transportation Authority; the New York State Office of General Services; and the Trade Adjustment Assistance Center, a federally funded organization assisting domestic manufacturers negatively impacted by imported products; have provided FTA with evidence that Mohawk is manufacturing and selling heavy-duty parallelogram lifts.

I must therefore deny your request.

Very truly yours,

Gregory B. McBride
Deputy Chief Counsel

cc: Steve Perlstein
Mohawk Resources, LTD.
P.O. Box 110
65 Vrooman Avenue
Amsterdam, NY 12010

Greg E. Mitchell
Frost, Brown, Todd, LLC
2700 Lexington Financial Center
Lexington, Kentucky 40507-1749

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