[Federal Register: October 20, 2008 (Volume 73, Number 203)]
[Notices]               
[Page 62324-62325]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc08-97]                         

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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,130]

 
Sea Gull Lighting Products, Riverside, NJ; Notice of Revised 
Determination on Reconsideration

    On September 5, 2008, the Department issued an Affirmative 
Determination Regarding Application on Reconsideration applicable to 
workers and former workers of the subject firm. The notice was 
published in the Federal Register on September 18, 2008 (73 FR 54171).
    The previous investigation initiated on April 4, 2008, and resulted 
in a negative determination issued on July 28, 2008, was based on the 
finding that imports of residential lighting fixtures did not 
contribute importantly to worker separations at the subject firm and no 
shift in production to a foreign source occurred. The denial notice was 
published in the Federal Register on August 12, 2008 (73 FR 46924).
    In the request for reconsideration, the petitioner provided 
additional information regarding the subject firm's domestic production 
of residential lighting fixtures and imports of these products by the 
subject firm into the United States.
    The Department contacted the company official to verify whether the 
subject firm imported residential lighting fixtures in 2006, 2007 and 
January through March 2008. The investigation on reconsideration 
revealed that the subject firm increased their reliance on imported 
residential lighting fixtures during the relevant period. It was also 
revealed that employment and sales of residential lighting fixtures 
declined at Sea Gull Lighting Products LLC, Riverside, New Jersey 
during the relevant period.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
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 group eligibility requirements of Section 246 of 
the Trade Act must be met. The Department has determined in this case 
that the requirements of Section 246 have been met.

[[Page 62325]]

    A significant number of workers at the firm are age 50 or over and 
possess skills that are not easily transferable. Competitive conditions 
within the industry are adverse.

Conclusion

    After careful review of the additional facts obtained on 
reconsideration, I determine that increased reliance on imports of 
residential lighting fixtures, produced by Sea Gull Lighting Products, 
LLC, Riverside, New Jersey contributed importantly to the total or 
partial separation of workers and to the decline in sales or production 
at that firm or subdivision. In accordance with the provisions of the 
Act, I make the following certification:

    ''All workers of Sea Gull Lighting Products LLC, Riverside, New 
Jersey, who became totally or partially separated from employment on 
or after April 3, 2007, through two years from the date of this 
certification, are eligible to apply for adjustment assistance under 
Section 223 of the Trade Act of 1974, and are eligible to apply for 
alternative trade adjustment assistance under Section 246 of the 
Trade Act of 1974.''

    Signed in Washington, DC this 6th day of October 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-24862 Filed 10-17-08; 8:45 am]

BILLING CODE 4510-FN-P