DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-53,664

OWENS-ILLINOIS, INC.
HAYWARD, CALIFORNIA

Notice of Revised Determination
on Reconsideration
On May 21, 2004, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
will soon be published in the Federal Register.
On January 29, 2004 the Department initially denied Trade
Adjustment Assistance (TAA) to workers of Owens-Illinois, Inc.,
Hayward, California producing glass containers (glass wine
bottles) because the "contributed importantly" group eligibility
requirement of Section 222 of the Trade Act of 1974 was not met.
On reconsideration, the department reviewed the information
provided by the subject firm during the initial investigation.
It was revealed that the company official did inform the
Department about the shift of production from the subject
facility to several domestic plants, including a meaningful shift
in plant production to a facility located in Lavington. However,
the official did not identify the Lavington plant as being
located in Canada, thus this shift to Canada was not taken into
consideration during the original investigation.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the 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 facts obtained in the
investigation, I determine that there was a shift in production
from the workers firm or subdivision to Canada of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Owens-Illinois, Inc., Hayward, California who
became totally or partially separated from employment on or
after November 20, 2002 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.”

Signed in Washington, D.C. this 27th day of May 2004.

/s/ Elliott S. Kushner

____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,664

OWENS-ILLINOIS, INC
HAYWARD, CALIFORNIA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
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;
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



II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision or the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
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;
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.

The investigation was initiated on November 28, 2003 in
response to a petition filed by a company official on behalf of
workers at Owens-Illinois, Inc., Hayward, California. The workers
produced glass containers (glass wine bottles).
The investigation revealed that criterion (a)(2)(A)(I.C) has
not been met.
The investigation revealed that worker separations are not
attributable to increases in imports or a shift in production to a
foreign country, but rather are attributable to a furnace leak that
caused significant damage to the Hayward production facility. The
company chose to shift production to other existing Owens-Illinois
facilities rather than incur the cost of rebuilding.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Owens-
Illinois, Inc., Hayward, California are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974 as amended.
Signed in Washington, D.C. this 29th day of January 2004.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance