99-12909. Pittsburgh Corning Corporation, Port Allegany, PA Notice of Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 64, Number 98 (Friday, May 21, 1999)]
[Notices]
[Pages 27813-27814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12909]


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DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-35,467]


Pittsburgh Corning Corporation, Port Allegany, PA Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated April 5, 1999, the American Flint Glass 
Workers Union (AFGWU), AFL-CIO, requested administrative 
reconsideration of the Department's negative determination regarding 
eligibility for workers and former workers of the subject firm to apply 
for Trade Adjustment Assistance (TAA). The denial notice applicable to 
workers of Corning Pittsburgh Corporation located in Port Allegany, 
Pennsylvania, was signed on March 9, 1999, and published in the Federal 
Register on April 6, 1999 (64 FR 16752).
    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 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The negative determination issued by the Department on behalf of 
workers of the subject firm in Port Allegany, Pennsylvania, was based 
on the finding

[[Page 27814]]

that the ``contributed importantly'' test of the worker group 
eligibility requirements of Section 222 of the Trade Act of 1974 was 
not met for workers at Pittsburgh Corning Corporation, Port Allegany, 
Pennsylvania producing glass blocks. The ``contributed importantly'' 
test is generally demonstrated through a survey of the workers' firm's 
customers. The Department of Labor surveyed the major declining 
customers of the subject firm regarding their purchases of glass 
blocks. None of the respondents increased their import purchases of 
glass blocks while decreasing their purchases from the subject firm.
    The AFGWU asserts that increased imports of articles directly 
competitive with articles produced by Pittsburgh Corning has 
contributed to worker separations at the Port Allegany plant. Further, 
the aggregate import of the products by competitive firms has greatly 
contributed to worker separations.
    Glass blocks are not separately identifiable in official trade 
statistics classified in the U.S. International Trade Commission, 
Harmonized Tariff Schedules. Therefore, in order to determine if 
criterion (3) of worker group eligibility requirements was met, the 
Department relied on the survey of customers of the subject firm to 
determine if imports ``contributed importantly'' to worker separations.

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 decisions. Accordingly, the application is denied.

    Signed at Washington, DC this 11th day of May 1999.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 99-12909 Filed 5-20-99; 8:45 am]
BILLING CODE 4510-30-M