[Federal Register: September 12, 2008 (Volume 73, Number 178)]
[Notices]               
[Page 53047-53048]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se08-90]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,516]

 
Morlite/Vista Lighting, Genlyte Group, Erie, PA; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated August 19, 2008, a worker requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
Morlite/Vista Lighting, Genlyte Group, Erie, Pennsylvania to apply for 
Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment 
Assistance (ATAA).
    The negative determination was issued on July 15, 2008. The 
Department's Notice of negative determination was published in the 
Federal Register on July 30, 2008 (73 FR 44284). The workers at 
Morlite/Vista Lighting, Genlyte Group, Erie, Pennsylvania (subject 
facility) produce commercial light fixtures for the security and 
healthcare industries, and are not separately identifiable by product 
line.
    The petition was denied because sales and production at the subject 
facility increased in 2007 when compared with 2006 and increased from 
January through May 2008 when compared with the corresponding period in 
2007. The initial investigation also revealed that Morlite/Vista 
Lighting (subject firm) did not shift production of commercial light 
fixtures from the subject facility to a foreign country during the 
relevant period.
    Pursuant to 29 CFR 90.18(c), administrative 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.
    In the request for reconsideration, the worker asserts that the 
shift of production from Tupelo, Mississippi to China enabled the 
subject firm to shift production from Erie, Pennsylvania to Tupelo, 
Mississippi, and thereby caused the workers' separations.
    To certify a worker group for TAA on a shift of production basis, 
the Department must find that there has been a shift in production by 
the workers' firm or appropriate subdivision to a foreign country of 
articles like or directly competitive with articles which are produced 
by the workers' firm or subdivision.
    A shift of production of flange kits from the subject firm's 
Tupelo, Mississippi facility to a foreign country is not the same as a 
shift of production of commercial light fixtures from the subject 
firm's Erie, Pennsylvania facility to a foreign country. Flange kits 
are neither like nor directly competitive with the commercial light 
fixtures produced at the subject facility.
    After careful review of the request for reconsideration, the 
Department determines that there is no new information that supports a 
finding that Section 222 of the Trade Act of 1974 was satisfied and 
that no mistake or misinterpretation of the facts or of the law with 
regards to the number or proportion of workers separated from the 
subject firm during the relevant period.

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.


[[Page 53048]]


    Signed at Washington, DC this 2nd day of September 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-21322 Filed 9-11-08; 8:45 am]

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