[Federal Register Volume 61, Number 218 (Friday, November 8, 1996)] [Notices] [Pages 57905-57906] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-28785] ----------------------------------------------------------------------- DEPARTMENT OF LABOR [TA-W-32,603] Allergan, Inc., Spincast Division, Waco, TX; Notice of Negative Determination Regarding Application for Reconsideration By application postmarked October 11, 1996, one of the petitioners requested administrative reconsideration of the Department's negative determination regarding worker eligibility to apply for trade adjustment assistance. The denial notice was signed on September 26, 1996 and published in the Federal Register on October 16, 1996 (61 FR 53936). Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances: [[Page 57906]] (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 misinterpretation of facts or of the law justified reconsideration of the decision. The request for reconsideration claims that the Department did not consider Allergan's transfer of the production of contact lenses to a foreign country. Findings of the investigation showed that workers of Allergan, Incorporated, Spincast Department located in Waco, Texas produced contact lenses. The Department's denial of TAA for workers of the subject firm was based on the fact that the ``contributed importantly'' test of the Group Eligibility requirements of Section 222 of the Trade Act of 1974 was not met. Layoffs at Allergan were attributable to the sale of the Spincast Division to a foreign facility. The corporate decision to sell the Spincast Division is not a basis for worker certification. Other investigation findings show that the new foreign- owned firm will be producing contact lenses at its own foreign location, and will not be exporting the contact lens production to the United States. 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 28th day of October 1996. Russell T. Kile, Program Manager, Policy and Reemployment Services, Office of Trade Adjustment Assistance. [FR Doc. 96-28785 Filed 11-7-96; 8:45 am] BILLING CODE 4510-30-M