[Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
[Notices]
[Pages 41423-41424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20349]


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DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-32,709 and NAFTA-01224]


Penn Mould Industries, Incorporated, Washington, Pennsylvania; 
Notice of Negative Determination On Reconsideration on Remand

    The United States Court of International Trade (USCIT) granted the 
Secretary of Labor's motion for a voluntary remand for further 
investigation in Former Employees of Penn Mould Industries, 
Incorporated v. U.S. Secretary of Labor, No. 97-01-00175.
    The Department's initial denial of TAA for the workers of Penn 
Mould Industries, Incorporated, Washington, Pennsylvania, issued on 
November 27, 1996 and published in the Federal Register on December 13, 
1996 (61 FR 65599), was based on the fact that criterion (3) of the 
group eligibility requirements of Section 222 of the Trade Act of 1974, 
as amended, was not met.
    The Department's initial denial of NAFTA-TAA for the same worker 
group, issued on October 10, 1996 and published in the Federal Register 
on October 29, 1996 (61 FR 55882), was based on the fact that criteria 
(3) and (4) of the group eligibility requirements in paragraph (a)(1) 
Section 250 of the Trade Act of 1974, as amended, were not met.
    The petitioners' request for reconsideration resulted in a negative 
determination on reconsideration which was issued on December 27, 1996 
and published in the Federal Register on January 23, 1997 (62 FR 3528). 
The Department's findings on reconsideration affirmed that the 
customers of Penn Mould did not purchase imported glass molds during 
the relevant time period.
    On remand, the petitioners presented additional statistics for U.S. 
imports of molds for glass, injection or compression type, and other 
types. Although the aggregate statistics show an increase in imports of 
molds for glass from 1995 to 1996, the critical determination for the 
Department is whether the customers of Penn Mould increased their 
import purchases during the relevant time period.
    On remand, the plaintiffs question if the Department gave 
consideration to the fact that Penn Mould Industries, Incorporated 
changed from a totally captive mold producer to a commercial producer 
which expanded their customer base prior to any layoffs. The

[[Page 41424]]

initial negative determination and negative determination on 
reconsideration revealed that the subject firm produced molds for its 
parent company, Ball-Foster Glass Container. On July 1, 1996, when Penn 
Mould Industries, Incorporated was purchased by Ross Mould, Inc., the 
Washington, Pennsylvania plant became a commercial production facility. 
The workers were laid-off on July 5, 1996. A survey of the principal 
customer of Penn Mould, which account for the predominate proportion of 
the subject firm's sales, revealed no import purchases of glass forming 
molds from Mexico, Canada or other foreign sources through September 
1996.
    On remand, the Department has further determined that criterion (2) 
of paragraph (a)(1) of Section 250 and Section 222 of the group 
eligibility requirements of the Trade Act of 1974, as amended, was not 
met. Production of molds at the Washington plant had a negligible 
decline of 0.7 percent prior to the worker separations.
    The plaintiffs also question the accuracy and validity of the 
customer survey conducted during the investigation. Unless it has 
definitive information to the contrary, the Department must rely on the 
information provided by the company and the survey responses from the 
subject firm customers since the company and the responding customers 
are in the best position to provide reliable information.

Conclusion

    After reconsideration on remand, I affirm the original notice of 
negative determination of eligibility to apply for adjustment 
assistance for workers and former workers of Penn Mould Industries 
Incorporated, Washington, Pennsylvania.

    Signed at Washington, D.C. this 10th day of July 1997.
Curtis K. Kooser,
Acting Program Manager, Policy and Reemployment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 97-20349 Filed 7-31-97; 8:45 am]
BILLING CODE 4510-30-M