DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,962

GE CONSUMER AND INDUSTRIAL LIGHTING
WILLOUGHBY LUCALOX PLANT
WILLOUGHBY, OHIO

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated October 10, 2008, IUE-CWA, Local 84707
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
September 24, 2008 and published in the Federal Register on
October 8, 2008 (73 FR 58982).
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 negative TAA determination issued by the Department for
workers of GE Consumer and Industrial Lighting, Willoughby
Lucalox Plant, Willoughby, Ohio was based on the finding that
imports of ceramic metal halide (CMH) high-intensity discharge
lamps did not contribute importantly to worker separations at the
subject plant and there was no shift of production to a foreign
country during the relevant period. The “contributed
importantly” test is generally demonstrated through a survey of
the workers’ firm’s declining domestic customers. In this
instance, the subject firm did not sell ceramic metal halide
(CMH) high-intensity discharge lamps to domestic customers, thus
a survey was not conducted. The subject firm did not import
ceramic metal halide (CMH) high-intensity discharge lamps into
the United States during the relevant period.
In the request for reconsideration the petitioner states
that “General Electric Company will begin buying Arc Chambers as
early as the start of second quarter next year 2009 from China.”
When assessing eligibility for TAA, the Department
exclusively considers import impact during the relevant time
period (one year prior to the date of the petition). Events
occurring in 2009 are outside of the relevant time period as
established by the petition date of August 18, 2008, and thus
cannot be considered in this investigation.
Should conditions change in the future, the company is
encouraged to file a new petition on behalf of the worker group
which will encompass an investigative period that will include
these changing conditions.
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 in Washington, D.C., this 27th day of October 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-63,962

GE CONSUMER AND INDUSTRIAL LIGHTING
WILLOUGHBY LUCALOX PLANT
WILLOUGHBY, OHIO

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 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 September 2, 2008 in
response to a petition filed by the IUE-CWA, Local 84707, on behalf
of workers at GE Consumer and Industrial Lighting, Willoughby
Lucalox Plant, Willoughby, Ohio. The workers at the subject
facility produce ceramic arc 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.B) have not been met.
The subject firm did not import ceramic arc tubes during the
relevant period.
Furthermore, the investigation revealed that although the
subject firm did shift production of components (ceramic arc tubes)
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 imported for sale into the United States – finished high-
intensity discharge lamps – are not like or directly competitive
with ceramic arc tubes used in ceramic metal halide (CMH) high-
intensity 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 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 CE Consumer and
Industrial Lighting, Willoughby Lucalox 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 24th day of September 2008

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance





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