ETA Federal Register Notice

Philips Lighting Company, Fairmont, WV; Notice of Negative Determination on Reconsideration [04/11/2000]

Volume 65, Number 70, Page 19387-19388

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-36,442]

 
Philips Lighting Company, Fairmont, WV; Notice of Negative 
Determination on Reconsideration

    On November 23, 1999, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The notice was published in the 
Federal Register on December 21, 1999 (64 FR 244, Pages 71502-71503).
    The Department initially denied TAA to workers of the Fairmont 
facility because the ``contributed importantly'' group eligibility 
requirement of section 222(3) of the Trade Act of 1974, as amended, was 
not met. The Department's findings determined that separations of 
workers during the relevant period were the result of fluctuations in 
demand and a domestic transfer of production. The determination also 
stated that Philips Lighting Company does not import flourescent 
lighting products.
    The petitioners requesting reconsideration asserted that the 
company is importing lighting products such as those produced at 
Fairmont in recent periods and that equipment transferred to a foreign 
location was being used to manufacture products formerly produced at 
Fairmont.
    The Department's initial Negative Determination noted that workers 
of the Fairmont facility were covered by a previous TAA certification 
through April 15, 1999. Thus, the instant investigation focused on 
separations that have occurred since April 15, 1999.
    On reconsideration, the Department conducted further investigation 
and obtained additional information from the subject firm. The 
Department has concluded that, although the company does in fact import 
flourescent lighting products, it does not import any products such as 
those produced at Fairmont within the past two years. The further 
investigation substantiated the previous finding that separations of 
workers from the Fairmont facility in the second half of 1999 were 
attributable to the transfer of production of certain flourescent 
lighting products to another domestic location of the subject firm. The 
further investigation also substantiated previous findings that 
equipment transferred from the Fairmont plant to a foreign location 
included such items as fork lifts and that no equipment transferred to 
the

[[Page 19388]]

foreign location is being used to produce articles manufactured at 
Fairmont during the relevant period.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Philips Lighting Company, Fairmont, 
West Virginia.

    Signed at Washington, D.C., this 31st day of March, 2000.
Grant D. Beale,
Program Manager, Division of Trade Adjustment Assistance.
[FR Doc. 00-8915 Filed 4-10-00; 8:45 am]
BILLING CODE 4510-30-M

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