DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,232

PHILIPS LIGHTING COMPANY
LAMPS DIVISION
DANVILLE, KENTUCKY

Notice of Revised Determination
on Reconsideration

On January 2, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Philips Lighting Company, Lamps
Division, Danville, Kentucky (subject firm). The Department’s
Notice of determination was published in the Federal Register on
January 11, 2008 (73 FR 2068). The subject firm produces glass
envelopes used in incandescent lamps and glass envelopes used in
(Christmas) ornaments. Workers are not separately identifiable
by product line.
The initial negative determination regarding eligibility to
apply for Trade Adjustment Assistance (TAA) and Alternative Trade
Adjustment Assistance (ATAA) applicable to workers and former
workers of the subject firm (issued on November 9, 2007) was
based on the Department’s findings that, during the relevant
period, the subject firm did not shift glass envelope production
to a foreign country, and neither the subject firm nor its
customers imported articles like or directly competitive with
those produced by the subject firm.
The request for administrative reconsideration filed by the
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers International Union
(Union), dated December 20, 2007, alleges that “the production of
the company’s incandescent bulbs would be transferred to the
company’s Monterey, Mexico facility;” that the subject firm
“manufactures and imports Compact Florescent Light Bulbs on
Poland, which competes with incandescent bulbs;” that two major
competitors “manufacture Compact Florescent light bulbs in China
and import these products to the U.S.;” and that the subject
firm’s single largest customer of glass envelopes used in
ornaments ceased purchasing from the subject firm “because that
company now imports all of their finished goods.”
The Union’s support documentation included the following:
a copy of an August 10, 2007 letter from a company official to
the Union (with a memorandum attached); a copy of a September 10,
2007, letter from a company official to the Union; an undated
document titled “Partial Sampling of Legislation Impacting
Incandescent Lamps;” a copy of an article titled “Is It Time to
Ban the Bulb?” (TED Magazine, March 2007); a copy of an article
titled “Lamps NA Briefing” (Philips, March 14, 2007); a copy of
an e-mail exchange between a company official and the Union on
December 19, 2007; and a copy of an e-mail exchange between a
company official and the Union on December 20, 2007.
Under Section 223(a) of the Trade Act of 1974, as amended,
TAA certification may be issued for primary workers if the
following criteria are met:
Section (a)(2)(A)--
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; and
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

Section (a)(2)(B)--

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; and

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; or

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.
During the reconsideration investigation, the Department
confirmed that the subject workers produce glass envelopes used
in incandescent lamps and glass envelopes used in ornaments, and
that the workers are not separately identifiable by product line.
The Department also confirmed that the subject firm imports
neither glass envelopes for incandescent lamps nor glass
envelopes used in ornaments, and that the article imported into
the United States by the subject firm are finished incandescent
lamps (an article neither like nor directly competitive with the
glass envelopes produced by the subject workers). As such, the
Department determines that the criteria set forth in Section
(a)(2)(A) has not been met.
The Department also confirmed that the glass envelopes used
in incandescent lamps produced at the Danville, Kentucky facility
have always been sent to an affiliated facility in Mexico for
further processing (into incandescent lamps), that the glass
envelopes produced by the subject workers are being replaced by
envelopes produced by both domestic and foreign vendors (which
are sent to Mexico to be further processed into incandescent
lamps), and that the subject firm did not shift production of
glass envelopes used in ornaments to a foreign country. As such,
the Department determines that the criteria set forth in Section
(a)(2)(B) has not been met.
Although the Union’s request for reconsideration did not
allege that the subject workers were adversely affected as
secondary workers (workers of a firm that supply component parts
to a TAA-certified company or finished or assembled for a TAA-
certified company), the Department expanded the investigation to
determine whether they would be eligible to apply for TAA on this
basis. Such a certification, under Section 223(b)(2), must be
based in the certification of a primary firm.
The reconsideration investigation revealed that the subject
firm supplies component parts for glass Christmas ornaments and
that the loss of business with this manufacturer contributed
importantly to the separation or threat of separation of workers
at the subject firm. As such, the Department determines that
Section 223(b)(2) has been met.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department herein presents the results of
its investigation regarding certification of eligibility to apply
for ATAA. The Department has determined in this case that the
group eligibility 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 information obtained during the
reconsideration investigation, I determine that workers and
former workers of Philips Lighting Company, Lamps Division,
Danville, Kentucky, qualify as adversely affected secondary
workers under Section 222 of the Trade Act of 1974, as amended.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Philips Lighting Company, Lamps Division,
Danville, Kentucky, who became totally or partially
separated from employment on or after September 28, 2006,
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 at Washington, D.C. this 11th day of March 2008

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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,232

PHILIPS LIGHTING COMPANY
LAMPS DIVISION
DANVILLE, KENTUCKY

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:
B. 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:
3. 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;
4. 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
5. 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 October 2, 2007, in
response to a petition filed by United Steelworkers of America,
Local 1009 on behalf of the workers of Phillips Lighting Company,
Lamps Division, Danville, Kentucky. The workers are engaged in the
production of incandescent glass bulbs and glass ornaments. The
workers are separately identifiable by products produced.
The investigation determined that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.B.) have not been met for workers of the subject firm.
The investigation revealed that the subject firm did not shift
production of incandescent glass bulbs or glass ornaments from the
Danville, Kentucky facility to a foreign country.
The subject firm exports the incandescent glass bulbs to
affiliated company plants abroad for further processing. The firm
does not import articles that are like or directly competitive with
the glass bulbs produced at the subject firm.
The Department of Labor surveyed the major declining customers
of the subject firm regarding their purchases of glass ornaments in
2005, 2006, and in January through September 2007. The surveys
revealed that that the customers did not purchase imports of glass
ornaments during the relevant period.
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 workers of Phillips
Lighting Company, Lamps Division, Danville, Kentucky, 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 9th day of November, 2007.

/s/ Linda G. Poole

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








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