[Federal Register Volume 71, Number 238 (Tuesday, December 12, 2006)]
[Notices]
[Pages 74561-74562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21105]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-59,465]


Saint Gobain Crystals, Solon, OH; Notice of Negative 
Determination on Reconsideration

    By application dated July 7, 2006, the International Chemical 
Workers Union Council, Local 852C, (Union), requested administrative 
reconsideration of the Department's Notice of Negative Determination 
Regarding Eligibility to Apply for Worker Adjustment Assistance, 
applicable to workers and former workers of the subject firm. The 
Department's Notice of Affirmative Determination Regarding Application 
for Reconsideration was issued on August 4, 2006. The Notice was

[[Page 74562]]

published in the Federal Register on October 4, 2006 (71 FR 58632).
    In the request for reconsideration, the Union alleges that the 
Department's initial investigation did not include all of the articles 
produced at the subject firm. The determination states that the subject 
worker group produces calcium fluoride crystals.
    Based on a careful review of previously-submitted documents, the 
Department determines on reconsideration that during the relevant 
period (May 2005 through May 2006), the subject workers produced more 
than one line of crystals and are not separately identifiable by 
product line.
    During the reconsideration investigation, the Union asserted that 
cadmium, calcium fluoride, magnesium fluoride, lithium fluoride, and 
barium fluoride products were produced by the subject firm (August 17, 
2006 letter) and that workers produced cadmium tungstate until ``Saint 
Gobain Crystals made the decision to transfer this operation to India'' 
(September 14, 2006 letter).
    According to a company official, calcium fluoride has been the only 
product produced in significant volume at the subject facility since 
April 2005. Calcium fluoride constitutes about 90% of subject facility 
production. The remaining percentage of production at the subject 
facility during the relevant period consisted of magnesium fluoride, 
lithium fluoride, barium fluoride, lead chlorine, lead bromide and 
cadmium tungstate.
    The company official also stated that cadmium tungstate production 
ceased in May 2005 and was shifted to India. The shift was completed in 
November 2005. When the cadmium tungstate production ceased, workers 
were shifted to other crystal lines, including the calcium fluoride 
line. Cadmium tungstate sales were a minuscule fraction (less than 
0.24%) of calcium fluoride sales.
    Production of the remaining products (magnesium fluoride, lithium 
fluoride, barium fluoride, lead chlorine, lead bromide, and calcium 
fluoride) ceased at the end of September 2006 and the subject facility 
will be completely closed by the end of 2006.
    The Department has determined that the predominant cause of worker 
separations at the subject facility is not related to increased imports 
or a shift of production abroad. The subject facility's customers were 
foreign entities and all sales were shipped abroad. Furthermore, the 
subject firm is leaving the calcium fluoride crystal business due to 
insufficient demand for the product due to lack of progress in targeted 
markets and technological developments.
    In order for the Department to issue a certification of eligibility 
to apply for Alternative Trade Adjustment Assistance (ATAA), the 
subject worker group must be certified eligible to apply for Trade 
Adjustment Assistance (TAA). Since the subject workers are denied 
eligibility to apply for TAA, the workers cannot be certified eligible 
for ATAA.

Conclusion

    After careful reconsideration, I affirm the original notice of 
negative determination of eligibility to apply for worker adjustment 
assistance for workers and former workers of Saint Gobain Crystals, 
Solon, Ohio.

    Signed at Washington, DC this 6th day of December 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-21105 Filed 12-11-06; 8:45 am]
BILLING CODE 4510-30-P