DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,145

COLUMBIA LIGHTING
HUBBELL LIGHTING, INC. DIVISION
SPOKANE, WASHINGTON

Notice of Revised Determination
on Reconsideration

By letter of July 14, 2005, an International Brotherhood
Electrical Workers, Local Union No. 73 requested administrative
reconsideration regarding the Department of Labor’s Notice of
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination signed on June 20, 2005 was based on the finding
that there were no company imports of fluorescent lighting
fixtures and no shift of production to a foreign source during
the relevant period. The denial notice was published in the
Federal Register on July 20, 2005 (70 FR 41792).
To support the request for reconsideration, the petitioner
supplied additional information regarding the subject firm’s
foreign facilities which manufacture like or directly competitive
products with those produced at the subject firm. Upon further
contact with the subject firm’s company official, it was revealed
that the subject firm significantly increased its import
purchases of fluorescent lighting fixtures from January through
April of 2005 when compared with the same period in 2004.
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 additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Columbia
Lighting, Hubbell Lighting, Inc. Division, Spokane, Washington,
contributed importantly to the declines in sales or production
and to the total or partial separation of workers at the subject
firm. In accordance with the provisions of the Act, I make the
following certification:

"All workers of Columbia Lighting, Hubbell Lighting, Inc.
Division, Spokane, Washington who became totally or
partially separated from employment on or after May 9, 2004
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 in Washington, D.C. this 19th day of August 2005.

/s/ Elliott S. Kushner

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,145

COLUMBIA LIGHTING
HUBBELL LIGHTING, INC.DIVISION
SPOKANE, WASHINGTON

Negative Determinations 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 of 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 May 10, 2005 in response to
a petition filed on behalf of workers of Columbia Lighting, Hubbell
Lighting, Inc. Division, Spokane, Washington. The workers produce
fluorescent lighting fixtures. The workers are not separately
identifiable by specific product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import fluorescent lighting
fixtures like those produced at the Spokane plant, nor did it
shift production from the Spokane plant abroad. The subject firm
shifted production from Spokane to their sister plant located in
Bristol, Pennsylvania.
Sales and production at the subject plant increased in 2004
compared with 2003, but declined in 2005.
The subject firm sells to a large number of final customers
through agents with whom it has exclusive regional contracts.
United States aggregate imports of fluorescent hot cathode
discharge lamps, other than ultraviolet, decreased in January
through April, 2005 compared with the same period in 2004.
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 of the facts obtained in the
investigation, I determine that all workers of Columbia Lighting,
Hubbell Lighting, Inc. Division, Spokane, Washington 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.
Signed in Washington, D.C. this 20th day of June 2005.

/s/ Richard Church
___________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance