[Federal Register Volume 70, Number 93 (Monday, May 16, 2005)]
[Notices]
[Page 25851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2427]



[[Page 25851]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,398]


Libbey Glass, Inc. Walnut, CA; Negative Determination Regarding 
Application for Reconsideration

    By application of April 4, 2005, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on March 14, 2005, and was 
published in the Federal Register on May 2, 2005 (70 FR 22710).
    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 petition for the workers of Libbey Glass, Inc., Walnut, 
California engaged in production of glassware was denied because the 
``contributed importantly'' group eligibility requirement of Section 
222 of the Trade Act of 1974, as amended, was not met, nor was there a 
shift in production from that firm to a foreign country.
    The ``contributed importantly'' test is generally demonstrated 
through a survey of the workers' firm's customers. The survey revealed 
no increase in imports of glassware during the relevant period (2003 to 
2004). The subject firm did not import glassware in the relevant 
period.
    The petitioner alleges that Libbey Glass, Inc., Walnut, California 
is shifting production to a new factory in China and is buying a 
factory in Europe. The petitioner attached articles in support of the 
allegations.
    A review of the investigation file revealed that Libbey Glass, Inc. 
provided the Department with the information that the subject firm has 
purchased a plant abroad. It was also revealed that no glassware 
products were imported from that plant into the United States. All 
products manufactured in that plant are sold on the European market and 
are not intended for the U.S. customer base.
    The initial investigation also confirmed that Libbey Glass, Inc. 
did announce that they were going to build a production facility in 
China. However, this facility will not be constructed until 2007. 
Consequently, there are no present imports of glassware which 
contributed 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 decision. Accordingly, the application is denied.

    Signed at Washington, DC, this 5th day of May, 2005.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-2427 Filed 5-13-05; 8:45 am]
BILLING CODE 4510-30-P