99-22597. Corning Incorporated, Greenville, Ohio; Notice of Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 64, Number 168 (Tuesday, August 31, 1999)]
[Notices]
[Page 47522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22597]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-35,981]


Corning Incorporated, Greenville, Ohio; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated July 16, 1999, the American Flint Glass 
Workers Union Local 1018 and a company official (the petitioners) 
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 Corning, 
Incorporated. The denial notice was signed on June 18, 1999 and 
published in the Federal Register on June 30, 1999 (64 FR 35183).
    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 petitioners basis for the request for reconsideration is that 
the Department incorrectly stated that the lost business was being 
transferred to another domestic facility and that the Department's 
investigation focused on Greenville's lighting business.
    The TAA petition, filed on behalf of workers of Corning 
Incorporated, Greenville, Ohio, producing auto glass components and 
Pyrex bakeware was denied in part because the ``contributed 
importantly'' group eligibility requirement of Section 222(3) of the 
Trade Act of 1974, as amended, was not met. The ``contributed 
importantly'' test is generally demonstrated through a survey of the 
workers' firm's customers. The investigation revealed that none of the 
subject firm customers reported increased import purchases of auto 
glass or bakeware. Furthermore, criterion (2) of Section 222 of the 
group eligibility requirements was not met for workers producing auto 
glass components; sales and production did not decline in the relevant 
time period. The Department also reported that worker separations were 
attributable to a transfer of production to another company-owned 
domestic facility.
    The Department stands corrected that Corning sold the bakeware 
business to another company that will continue to produce the product 
domestically.

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 at Washington, DC, this 10th day of August 1999.
Grant D. Beale,
Program Manager, Office of Trade Adjustment Assistance.
[FR Doc. 99-22597 Filed 8-30-99; 8:45 am]
BILLING CODE 4510-30-M