Denied
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TAW-98297  /  GE Lighting, Logan Glass Plant, Savant Company (Logan, OH)

Petitioner Type: Union
Impact Date:
Filed Date: 05/13/2022
Most Recent Update: 05/31/2022
Determination Date: 05/31/2022
Expiration Date:

UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,297

GE LIGHTING

LOGAN GLASS PLANT

A SAVANT COMPANY

WHICH IS A SUBSIDIARY OF SAVANT SYSTEMS INC.

LOGAN, OHIO

Negative Determinations Regarding Eligibility

To Apply for Worker Adjustment Assistance

And Alternative Trade Adjustment Assistance

TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 223 of the Trade Act of 1974, as
amended (the Act), 19 U.S.C. § 2273, the Department of Labor
(Department) herein presents the results of an investigation
regarding certification of eligibility to apply for worker
adjustment assistance.

Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department to issue a certification for workers under Section
222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:

(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that 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.

(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:

(A) Increased Imports Path:

(i) sales or production, or both, at the workers' firm must
have decreased absolutely, AND

(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and

(iii) the increase described in clause (ii) contributed
importantly to such workers' separation or threat of
separation and to the decline in the sales or production
of such firm or subdivision.

(B) Shift in Production Path:

(i) 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

(ii)(I) 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;

(II)the country to which the workers' firm has
shifted production of the articles is a beneficiary
country under the African Growth and Opportunity Act, or
the Caribbean Basin Economic Recovery Act; or

(III)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.

For the Department to issue a certification under Section
222(b) of the Act, 19 U.S.C. § 2272(b), to workers of a Supplier
or a Downstream Producer, the following criteria must be met:

(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who received
a certification of eligibility under Section 222(a) of
the Act, 19 U.S.C. § 2272(a), and such supply or
production is related to the article that was the basis
for such certification; and

(3) either

(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers' firm; or

(B) a loss of business by the workers' firm with the
firm described in paragraph (2) contributed importantly
to the workers' separation or threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated May 12, 2022 and filed
on May 13, 2022 by the United Steelworkers, Local 1017, on behalf
of workers of GE Lighting, Logan Glass Plant, a Savant Company,
which is a subsidiary of Savant Systems Inc., Logan, Ohio
(hereafter referred to as "GE Lighting - Logan Glass Plant"). In
accordance with 20 CFR 618.110 a worker group is defined as,
""¦including teleworkers and staffed workers." GE Lighting - Logan
Glass Plant is engaged in activities related to the production of
glass tubes for linear fluorescent lamps and glass cullet.

The petition alleges that worker separations, or threats
thereof, at GE Lighting - Logan Glass Plant is due to the plant
closure and future increased reliance on imports of LED tubes from
foreign manufacturers.

During the course of the investigation, the Department
collected information from the petitioner(s) and the workers'
firm.

With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed neither sales nor production decline at
GE Lighting - Logan Glass Plant during the relevant period (the
1-year period prior to the petition date).

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift
production of glass tubes for linear fluorescent lamps and glass
cullet, or a like or directly competitive article, to a foreign
country. Rather, the manufacturing of glass tubes for linear
fluorescent lamps and glass cullet is being discontinued.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that GE Lighting - Logan Glass Plant is
not a Supplier to a firm that employed a group of workers who
received a certification of eligibility under Section 222(a) of
the Act, 19 U.S.C. § 2272(a), and does not act as a Downstream
Producer to a firm that employed a group of workers who received
a certification of eligibility under Section 222(a) of the Act, 19
U.S.C. § 2272(a), based on an increase in imports from, or a shift
in production to, Canada or Mexico. The workers' firm is an
affiliate of GE Lighting, Bucyrus Plant, a Savant Company, a
subsidiary of Savant Systems Inc., Bucyrus, Ohio ("GE Lighting "“

Bucyrus Plant"). The workers of GE Lighting "“ Bucyrus Plant were
previously certified eligible for TAA under petition number TA-W-
96,740 on March 15, 2021. The basis for certification for TA-W-
96,740 was related to the production of A19 LED bulbs. Upon further
investigation, it was revealed that the group of workers who is
the subject of this investigation did not act as a secondary
supplier providing component parts to GE Lighting "“ Bucyrus Plant
for the A19 LED product line. Instead, GE Lighting "“ Logan Glass
Plant provided a component part for a separate product line (linear
fluorescent lamps) to GE Lighting "“ Bucyrus Plant, that is the
subject of a current investigation under TA-W-98,277, for which a
determination is still pending.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In order for the Department to issue a certification of
eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA), the worker group must be certified eligible to apply for
Trade Adjustment Assistance (TAA). Because the worker group is
denied eligibility to apply for TAA, the worker group cannot be
certified eligible for ATAA.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that all workers of GE Lighting, Logan
Glass Plant, a Savant Company, which is a subsidiary of Savant
Systems Inc., Logan, 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 31st day of May, 2022


/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance