DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,313

GE CONSUMER AND INDUSTRIAL LIGHTING
WILLOUGHBY LUCALOX 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, 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 October 31, 2008 in
response to a petition filed by a company official on behalf of
workers at GE Consumer and Industrial Lighting, Willoughby Lucalox
Plant, Willoughby, Ohio. The workers produce Lucolux chambers and
end plugs. The chambers are used as components in the production
of ceramic arc tubes that are then used in the production of
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 Lucolux chambers and end plugs
or ceramic arc tubes during the relevant period.
The investigation revealed that although the subject firm did
shift a portion of production of the components abroad (to a
country which is not a party to a free trade agreement with the
United States nor 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 LU
champers and end plugs or ceramic arc tubes used in ceramic metal
halide (CMH) high-intensity lamps.
The petitioner alleges that the subject firm supplies
component parts for a manufacturer whose workers are certified
eligible to apply for trade adjustment assistance. The
investigation revealed, however, that although the subject firm
does supply a very minor portion of total production to a facility
whose workers are certified eligible for TAA, the loss of these
sales did not contribute importantly to separations at the firm.
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 17th day of March 2008


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