Petitioner Type: Union
Impact Date:
Filed Date: 01/27/2005
Most Recent Update: 03/14/2005
Determination Date: 03/14/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,398
LIBBEY GLASS, INC.
WALNUT, CALIFORNIA
Negative Determination
Regarding Application for Reconsideration
By application of April 4, 2005, a petitioner 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 March 14, 2005,
and was published in the Federal Register on May 2, 2005 (70 FR
22710).
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 mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The petition for the workers of Libbey Glass, Inc., Walnut,
California engaged in production of glassware was denied because
the “contributed importantly” group eligibility requirement of
Section 222 of the Trade Act of 1974, as amended, was not met,
nor was there a shift in production from that firm to a foreign
country.
The “contributed importantly” test is generally demonstrated
through a survey of the workers’ firm’s customers. The survey
revealed no increase in imports of glassware during the relevant
period (2003 to 2004). The subject firm did not import glassware
in the relevant period.
The petitioner alleges that Libbey Glass, Inc., Walnut,
California is shifting production to a new factory in China and
is buying a factory in Europe. The petitioner attached articles
in support of the allegations.
A review of the investigation file revealed that Libbey
Glass, Inc. provided the Department with the information that the
subject firm has purchased a plant abroad. It was also revealed
that no glassware products were imported from that plant into the
United States. All products manufactured in that plant are sold
on the European market and are not intended for the U.S. customer
base.
The initial investigation also confirmed that Libbey Glass,
Inc. did announce that they were going to build a production
facility in China. However, this facility will not be
constructed until 2007. Consequently, there are no present
imports of glassware which contributed to worker’ separations.
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 at Washington, D.C. this 5th day of May, 2005
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-56,398
LIBBEY GLASS, INC.
WALNUT, CALIFORNIA
Negative Determination
Regarding Application for Reconsideration
By application of April 4, 2005, a petitioner 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 March 14, 2005,
and was published in the Federal Register on May 2, 2005 (70 FR
22710).
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 mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The petition for the workers of Libbey Glass, Inc., Walnut,
California engaged in production of glassware was denied because
the “contributed importantly” group eligibility requirement of
Section 222 of the Trade Act of 1974, as amended, was not met,
nor was there a shift in production from that firm to a foreign
country.
The “contributed importantly” test is generally demonstrated
through a survey of the workers’ firm’s customers. The survey
revealed no increase in imports of glassware during the relevant
period (2003 to 2004). The subject firm did not import glassware
in the relevant period.
The petitioner alleges that Libbey Glass, Inc., Walnut,
California is shifting production to a new factory in China and
is buying a factory in Europe. The petitioner attached articles
in support of the allegations.
A review of the investigation file revealed that Libbey
Glass, Inc. provided the Department with the information that the
subject firm has purchased a plant abroad. It was also revealed
that no glassware products were imported from that plant into the
United States. All products manufactured in that plant are sold
on the European market and are not intended for the U.S. customer
base.
The initial investigation also confirmed that Libbey Glass,
Inc. did announce that they were going to build a production
facility in China. However, this facility will not be
constructed until 2007. Consequently, there are no present
imports of glassware which contributed to worker’ separations.
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 at Washington, D.C. this 5th day of May, 2005
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance