Steril-Koni

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,


(Signed)
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

Denial of request by Steril-Koni that FTA change its position on the revocation of a public interest waiver for the manufacture of heavy-duty parallelogram bus lifts. The waiver was for a period of two years or until such time as a second domestic source became available, whichever occurred first. FTA revoked the waiver because a second domestic source started manufacturing these lifts. Steril-Koni alleged that the second source, Mohawk, was not being truthful, and was not, in fact, manufacturing or selling these lifts. FTA’s review of the facts did not support this claim. January 31, 2003