[Federal Register Volume 73, Number 217 (Friday, November 7, 2008)]
[Notices]
[Pages 66275-66276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26540]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,962]


GE Consumer and Industrial Lighting, Willoughby Lucalox Plant, 
Willoughby, OH; Notice of Negative Determination Regarding Application 
for Reconsideration

    By application dated October 10, 2008, IUE-CWA, Local 84707 
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 September 24,

[[Page 66276]]

2008 and published in the Federal Register on October 8, 2008 (73 FR 
58982).
    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 TAA determination issued by the Department for workers 
of GE Consumer and Industrial Lighting, Willoughby Lucalox Plant, 
Willoughby, Ohio was based on the finding that imports of ceramic metal 
halide (CMH) high-intensity discharge lamps did not contribute 
importantly to worker separations at the subject plant and there was no 
shift of production to a foreign country during the relevant period. 
The ``contributed importantly'' test is generally demonstrated through 
a survey of the workers' firm's declining domestic customers. In this 
instance, the subject firm did not sell ceramic metal halide (CMH) 
high-intensity discharge lamps to domestic customers, thus a survey was 
not conducted. The subject firm did not import ceramic metal halide 
(CMH) high-intensity discharge lamps into the United States during the 
relevant period.
    In the request for reconsideration the petitioner states that 
``General Electric Company will begin buying Arc Chambers as early as 
the start of second quarter next year 2009 from China.''
    When assessing eligibility for TAA, the Department exclusively 
considers import impact during the relevant time period (one year prior 
to the date of the petition). Events occurring in 2009 are outside of 
the relevant time period as established by the petition date of August 
18, 2008, and thus cannot be considered in this investigation.
    Should conditions change in the future, the company is encouraged 
to file a new petition on behalf of the worker group which will 
encompass an investigative period that will include these changing 
conditions.

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 in Washington, DC, this 27th day of October 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-26540 Filed 11-6-08; 8:45 am]
BILLING CODE 4510-FN-P