[Federal Register Volume 70, Number 78 (Monday, April 25, 2005)]
[Notices]
[Page 21249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1939]



[[Page 21249]]

-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-55,907]


GlaxoSmithKline Bristol, TN; Notice of Revised Determination on 
Reconsideration

    On February 23, 2005, the Department issued an Affirmative 
Determination Regarding Application on Reconsideration applicable to 
workers and former workers of the subject firm. The notice was 
published in the Federal Register on March 15, 2005 (70 FR 12737).
    The previous investigation initiated on November 7, 2004, resulted 
in a negative determination issued on December 9, 2004, based on the 
finding that imports of Augmentin and Amoxil did not contribute 
importantly to worker separations at the subject firm and no shift of 
production to a foreign source occurred. The denial notice was 
published in the Federal Register on January 24, 2005 (70 FR 3390).
    In the request for reconsideration, the petitioner provided 
additional information regarding subject firm's products. In 
particular, it was revealed that Augmentin and Amoxil, addressed by the 
company official during the original investigation as products 
manufactured at GlaxoSmithKline in Bristol, Tennessee, are brand names 
of penicillin-based antibiotics. It was further revealed that other 
companies manufacture antibiotics equivalent to Augmentin and Amoxil, 
but use different generic names for these products. Therefore, surveys 
of customers conducted during the original investigation did not reveal 
purchases from any sources other than the subject firm.
    The Department conducted new customer surveys requesting 
information on purchases of penicillin-based antibiotics like or 
directly competitive with Augmentin and Amoxil. The result of this 
survey showed that the largest declining customer of the subject firm 
significantly increased its reliance on purchases of penicillin-based 
antibiotics like or directly competitive with Augmentin and Amoxil from 
other domestic firms during the relevant time period. However, the 
customer had no knowledge of the country of origin of these products.
    Upon further investigation, it was revealed that GlaxoSmithKline, 
Bristol, Tennessee is the only domestic manufacturer of Augmentin and 
Amoxil and their generic equivalents in the United States. All other 
generic brands sold on the domestic market are imports. Consequently, 
customers increasing their reliance on purchases from other domestic 
firms, increased their reliance on imports.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department of Labor herein presents the results 
of its investigation regarding certification of eligibility to apply 
for alternative trade adjustment assistance (ATAA) for older workers.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the group eligibility requirements of Section 246 of 
the Trade Act must be met. The Department has determined in this case 
that the requirements of Section 246 have been met.
    A significant number of workers at the firm are age 50 or over and 
possess skills that are not easily transferable. Competitive conditions 
within the industry are adverse.

Conclusion

    After careful review of the additional facts obtained on 
reconsideration, I conclude that increased imports of articles like or 
directly competitive with those produced at GlaxoSmithKline, Bristol, 
Tennessee, contributed importantly to the declines in sales or 
production and to the total or partial separation of workers at the 
subject firm. In accordance with the provisions of the Act, I make the 
following certification:

    All workers of GlaxoSmithKline, Bristol, Tennessee, who became 
totally or partially separated from employment on or after October 
11, 2003 through two years from the date of this certification, are 
eligible to apply for adjustment assistance under Section 223 of the 
Trade Act of 1974, and are eligible to apply for alternative trade 
adjustment assistance under Section 246 of the Trade Act of 1974.

    Signed in Washington, DC this 8th day of April 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-1939 Filed 4-22-05; 8:45 am]
BILLING CODE 4510-30-P