[Federal Register Volume 64, Number 98 (Friday, May 21, 1999)] [Notices] [Pages 27813-27814] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-12909] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration [TA-W-35,467] Pittsburgh Corning Corporation, Port Allegany, PA Notice of Negative Determination Regarding Application for Reconsideration By application dated April 5, 1999, the American Flint Glass Workers Union (AFGWU), AFL-CIO, 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 applicable to workers of Corning Pittsburgh Corporation located in Port Allegany, Pennsylvania, was signed on March 9, 1999, and published in the Federal Register on April 6, 1999 (64 FR 16752). 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 misinterpretation of facts or of the law justified reconsideration of the decision. The negative determination issued by the Department on behalf of workers of the subject firm in Port Allegany, Pennsylvania, was based on the finding [[Page 27814]] that the ``contributed importantly'' test of the worker group eligibility requirements of Section 222 of the Trade Act of 1974 was not met for workers at Pittsburgh Corning Corporation, Port Allegany, Pennsylvania producing glass blocks. The ``contributed importantly'' test is generally demonstrated through a survey of the workers' firm's customers. The Department of Labor surveyed the major declining customers of the subject firm regarding their purchases of glass blocks. None of the respondents increased their import purchases of glass blocks while decreasing their purchases from the subject firm. The AFGWU asserts that increased imports of articles directly competitive with articles produced by Pittsburgh Corning has contributed to worker separations at the Port Allegany plant. Further, the aggregate import of the products by competitive firms has greatly contributed to worker separations. Glass blocks are not separately identifiable in official trade statistics classified in the U.S. International Trade Commission, Harmonized Tariff Schedules. Therefore, in order to determine if criterion (3) of worker group eligibility requirements was met, the Department relied on the survey of customers of the subject firm to determine if imports ``contributed importantly'' to worker separations. 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 decisions. Accordingly, the application is denied. Signed at Washington, DC this 11th day of May 1999. Grant D. Beale, Acting Director, Office of Trade Adjustment Assistance. [FR Doc. 99-12909 Filed 5-20-99; 8:45 am] BILLING CODE 4510-30-M