[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]


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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