DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,208

ANCHOR GLASS CONTAINER CORPORATION
ZANESVILLE MOULD DIVISION
ZANESVILLE, OHIO

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated December 29, 2008, United Steelworkers,
Local 121 T requested administrative reconsideration of the
Department's negative determination regarding eligibility to
apply for Trade Adjustment Assistance (TAA) and Alternative Trade
Adjustment Assistance (ATAA), applicable to workers and former
workers of the subject firm. The denial notice was signed on
November 21, 2008 and published in the Federal Register on
December 10, 2008 (73 FR 75136).
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 mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative
determination was based on the finding that imports of moulds and
related glass container equipment did not contribute importantly
to worker separations at the subject facility and there was no
shift of production to a foreign country. The subject firm did
not import moulds and related glass container equipment during
the relevant period. The “contributed importantly” test is
generally demonstrated through a survey of the workers’ firm’s
declining domestic customers. In this case the survey was not
conducted because all moulds and related glass container
equipment was used internally in the products of glassware. The
subject firm did not have external customers in the relevant
period and did not import moulds and related glass container
equipment.
The petitioner alleged that subject firm’s competitors
import mould equipment, thus having an advantage over the subject
firm in locating potential customers.
The impact of competitors on the domestic firms is revealed in
an investigation through customer surveys. In the case at hand, in
the absence of the external customers, the Department solicited
information from the internal customers of the subject firm to
determine if customers purchased imported moulds and related glass
container equipment. The information was intended to determine if
competitor imports contributed importantly to layoffs at the
subject firm. The investigation revealed no imports of moulds and
related glass container equipment during the relevant period. The
subject firm did not import moulds and related glass container
equipment nor was there a shift in production from subject firm
abroad during the relevant period.
The petitioner did not supply facts not previously
considered; nor provide additional documentation indicating that
there was either 1) a mistake in the determination of facts not
previously considered or 2) a misinterpretation of facts or of
the law justifying reconsideration of the initial determination.
After careful review of the request for reconsideration, the
Department determines that 29 CFR 90.18(c) has not been met.
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, D.C., this 9th day of January, 2009

/s/ Elliott S. Kushner

ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,208

ANCHOR GLASS CONTAINER CORPORATION
ZANESVILLE MOULD DIVISION
ZANESVILLE, OHIO

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. 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;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or



II. Section (a)(2)(B) both of the following must be satisfied:

A. 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;
B. 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

C. One of the following must be satisfied:
1. 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;
2. 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
3. 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 investigation was initiated on October 10, 2008 in
response to a petition filed by the United Steelworkers, Local 121
on behalf of workers of Anchor Glass Container Corporation,
Zanesville Mould Division, Zanesville, Ohio. The workers produce
molds and related glass container equipment used exclusively for
the firm’s production of glassware.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject firm did not
import molds or related glass container equipment in 2006, 2007, or
during the period of January through September 2008.

The subject firm did not shift production of molds or related
glass container equipment to any foreign country during the
relevant period.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 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 worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Anchor Glass
Container Corporation, Zanesville Mould Division, Zanesville, Ohio
are denied eligibility to apply for adjustment assistance under


Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 21st day of November 2008

/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance






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