Venture Industries, Lancaster Ohio Plant, Lancaster, OH; Notice
of Negative Determination Regarding Application for Reconsideration
[02/23/2005]
Volume 70, Number 35, Page 8829
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-54,796]
Venture Industries, Lancaster Ohio Plant, Lancaster, OH; Notice
of Negative Determination Regarding Application for Reconsideration
By application dated July 19, 2004, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding the eligibility for workers of Venture
Industries to apply for trade adjustment assistance. The denial notice
applicable to workers of the subject firm located Lancaster, Ohio, was
signed on June 25, 2004, and was published in the Federal Register on
August 3, 2004 (69 FR 46574).
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.
In the request for reconsideration of the petition denial, the
petitioner claims that worker separations were ``due to the
circumstances of the Venture Pegaform plant in Germany being in
financial trouble, profits from the American plants were used to help
get this facility back to where it could turn a profit, therefore
leaving the American Venture Plants in financial trouble.'' The
petitioner adds that the money used for the Venture Pegaform plant in
Germany could have kept the Lancaster, Ohio plant open.
In order for the workers of the subject firm to be certified
eligible to apply for trade adjustment assistance, the worker group
eligibility requirements of section 222 of the Trade Act of 1974, as
amended, must be met.
(1) 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; and
(2)(A)(i) The sales or production, or both, of such firm or
subdivision have decreased absolutely;
(ii) Imports of articles like or directly competitive with
articles produced by such firm or subdivision have increased; and
(iii) The increase in imports 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; or
(B)(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 Andean
Trade Preference Act, 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.
The worker group eligibility requirements described above does not
contain a provision for a shift of profits from a U.S. firm to a firm
in a foreign country.
The workers of Venture Industries, Lancaster Ohio Plant, Lancaster,
Ohio, produced sheet/fiberglass molding compound for exterior
automotive parts. The Department's initial investigation determined
that during the relevant period (from 2002 through April 2004) there
were no imports by the firm or its customers of like or directly
competitive products. Furthermore, the subject firm did not shift
production of sheet/fiberglass molding compound from the Lancaster,
Ohio plant to a foreign country.
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 in Washington, DC, this 22nd day of December, 2004.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-698 Filed 2-22-05; 8:45 am]
BILLING CODE 4510-30-P
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