[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Notices]
[Pages 15219-15220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5729]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,232]


Philips Lighting Company; Lamps Division, Danville, KY; Notice of 
Revised Determination on Reconsideration

    On January 2, 2008, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Philips Lighting Company, Lamps Division, 
Danville, Kentucky (subject firm). The Department's Notice of 
Determination was published in the Federal Register on January 11, 2008 
(73 FR 2068). The subject firm produces glass envelopes used in 
incandescent lamps and glass envelopes used in (Christmas) ornaments. 
Workers are not separately identifiable by product line.
    The initial negative determination regarding eligibility to apply 
for Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment 
Assistance (ATAA) applicable to workers and former workers of the 
subject firm (issued on November 9, 2007) was based on the Department's 
findings that, during the relevant period, the subject firm did not 
shift glass envelope production to a foreign country, and neither the 
subject firm nor its customers imported articles like or directly 
competitive with those produced by the subject firm.
    The request for administrative reconsideration filed by the United 
Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 
Industrial and Service Workers International Union (Union), dated 
December 20, 2007, alleges that ``the production of the company's 
incandescent bulbs would be transferred to the company's Monterey, 
Mexico facility;'' that the subject firm ``manufactures and imports 
Compact Fluorescent Light Bulbs in Poland, which competes with 
incandescent bulbs;'' that two major competitors ``manufacture Compact 
Fluorescent light bulbs in China and import these products to the 
U.S.;'' and that the subject firm's single largest customer of glass 
envelopes used in ornaments ceased purchasing from the subject firm 
``because that company now imports all of their finished goods.''
    The Union's support documentation included the following: a copy of 
an August 10, 2007 letter from a company official to the Union (with a 
memorandum attached); a copy of a September 10, 2007, letter from a 
company official to the Union; an undated document titled ``Partial 
Sampling of Legislation Impacting Incandescent Lamps;'' a copy of an 
article titled ``Is It Time to Ban the Bulb?'' (TED Magazine, March 
2007); a copy of an article titled ``Lamps NA Briefing'' (Philips, 
March 14, 2007); a copy of an e-mail exchange between a company 
official and the Union on December 19, 2007; and a copy of an e-mail 
exchange between a company official and the Union on December 20, 2007.
    Under Section 223(a) of the Trade Act of 1974, as amended, TAA 
certification may be issued for primary workers if the following 
criteria are met:

Section (a)(2)(A)--
A. A significant number or proportion of the workers in such workers' 
firm, or an appropriate subdivision of the firm, have become totally or

[[Page 15220]]

partially separated, or are threatened to become totally or partially 
separated; and
B. The sales or production, or both, of such firm or subdivision have 
decreased absolutely; and
C. Increased imports of articles like or directly competitive with 
articles produced by such firm or subdivision have contributed 
importantly to such workers' separation or threat of separation and to 
the decline in sales or production of such firm or subdivision; or

Section (a)(2)(B)--
A. A significant number or proportion of the workers in such workers' 
firm, or an appropriate subdivision of the firm, have become totally or 
partially separated, or are threatened to become totally or partially 
separated; and
B. There has been a shift in production by such workers' firm or 
subdivision to a foreign country of articles like or directly 
competitive with articles which are produced by such firm or 
subdivision; and
C. One of the following must be satisfied:
1. The country to which the workers' firm has shifted production of the 
articles is a party to a free trade agreement with the United States; 
or
2. The country to which the workers' firm has shifted production of the 
articles is a beneficiary country under the Andean Trade Preference 
Act, African Growth and Opportunity Act, or the Caribbean Basin 
Economic Recovery Act; or
3. There has been or is likely to be an increase in imports of articles 
that are like or directly competitive with articles which are or were 
produced by such firm or subdivision.

    During the reconsideration investigation, the Department confirmed 
that the subject workers produce glass envelopes used in incandescent 
lamps and glass envelopes used in ornaments, and that the workers are 
not separately identifiable by product line.
    The Department also confirmed that the subject firm imports neither 
glass envelopes for incandescent lamps nor glass envelopes used in 
ornaments, and that the article imported into the United States by the 
subject firm are finished incandescent lamps (an article neither like 
nor directly competitive with the glass envelopes produced by the 
subject workers). As such, the Department determines that the criteria 
set forth in Section (a)(2)(A) has not been met.
    The Department also confirmed that the glass envelopes used in 
incandescent lamps produced at the Danville, Kentucky facility have 
always been sent to an affiliated facility in Mexico for further 
processing (into incandescent lamps), that the glass envelopes produced 
by the subject workers are being replaced by envelopes produced by both 
domestic and foreign vendors (which are sent to Mexico to be further 
processed into incandescent lamps), and that the subject firm did not 
shift production of glass envelopes used in ornaments to a foreign 
country. As such, the Department determines that the criteria set forth 
in Section (a)(2)(B) has not been met.
    Although the Union's request for reconsideration did not allege 
that the subject workers were adversely affected as secondary workers 
(workers of a firm that supply component parts to a TAA-certified 
company or finished or assembled for a TAA-certified company), the 
Department expanded the investigation to determine whether they would 
be eligible to apply for TAA on this basis. Such a certification, under 
Section 223(b)(2), must be based in the certification of a primary 
firm.
    The reconsideration investigation revealed that the subject firm 
supplies component parts for glass Christmas ornaments and that the 
loss of business with this manufacturer contributed importantly to the 
separation or threat of separation of workers at the subject firm. As 
such, the Department determines that Section 223(b)(2) has been met.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department herein presents the results of its 
investigation regarding certification of eligibility to apply for ATAA. 
The Department has determined in this case that the group eligibility 
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 information obtained during the 
reconsideration investigation, I determine that workers and former 
workers of Philips Lighting Company, Lamps Division, Danville, 
Kentucky, qualify as adversely affected secondary workers under Section 
222 of the Trade Act of 1974, as amended.
    In accordance with the provisions of the Act, I make the following 
certification:

    ``All workers of Philips Lighting Company, Lamps Division, 
Danville, Kentucky, who became totally or partially separated from 
employment on or after September 28, 2006, 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 at Washington, DC this 11th day of March 2008.
 Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-5729 Filed 3-20-08; 8:45 am]
BILLING CODE 4510-FN-P