DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,292

GE CONSUMER & INDUSTRIAL LIGHTING PLANT
WILLOUGHBY, OHIO

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
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 April 28, 2006 in response
to a petition filed by the International Union of Electronic
Workers-Communication Workers of America, Local 84707, on behalf of
workers at GE Consumer & Industrial Lighting Plant, Willoughby,
Ohio. The workers of the subject firm produce ceramic tubes used
in ceramic metal halide (CMH) high intensity discharge lamps.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) were not met.
The investigation revealed that the subject firm did not
import ceramic tubes used in ceramic metal halide (CMH) high-
intensity discharge lamps in 2004 or 2005, nor during the period of
January through April 2006.
Furthermore, the investigation revealed that although the
subject firm did shift the production of components abroad to a
country which is not a party to a free trade agreement with the
United States or a beneficiary country, the final products being
shipped back into this country - finished high-intensity discharge
lamps incorporating those components - are not like or directly
competitive with ceramic tubes used in ceramic metal halide (CMH)
high-intensity discharge lamps.
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 assis-
tance (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 workers of GE Consumer
& Industrial Lighting Plant, Willoughby, Ohio, 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 8th day of June, 2006


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance