81 FR 46704 - Owens-Brockway Glass Container, Inc., a Subsidiary of Owens-Brockway Packaging, Inc., a Subsidiary of Owens-Illinois Group, Inc., a Subsidiary of Owens-Illinois, Inc., Oakland, California; Notice of Affirmative Determination Regarding Application for Reconsideration

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 81, Issue 137 (July 18, 2016)

[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Page 46704]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16837]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-90,125]


Owens-Brockway Glass Container, Inc., a Subsidiary of Owens-
Brockway Packaging, Inc., a Subsidiary of Owens-Illinois Group, Inc., a 
Subsidiary of Owens-Illinois, Inc., Oakland, California; Notice of 
Affirmative Determination Regarding Application for Reconsideration

    By application dated May 16, 2016, the United Steelworkers (USW) 
requested administrative reconsideration of the negative determination 
regarding workers' eligibility to apply for worker adjustment 
assistance applicable to workers and former workers of Owens-Brockway 
Glass Container Inc., a subsidiary of Owens-Brockway Packaging, Inc., a 
subsidiary of Owens-Illinois Group, Inc., a subsidiary of Owens-
Illinois, Inc., Oakland, California. The determination was issued on 
April 15, 2016 and the Notice of Determination was published in the 
Federal Register on May 24, 2016 (81 FR 32787).
    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.
    The initial investigation resulted in a negative determination 
based on the findings that there was no increase in imports by the 
workers' firm or its customers, nor was there a foreign shift or 
acquisition by the workers' firm or its customers. In addition, neither 
the workers' firm nor its customers reported imports of articles like 
or directly competitive with articles for which the article produced by 
the workers' firm were directly incorporated.
    The request for reconsideration asserts that the subject firm 
continues to import from a foreign location like or directly 
competitive services while decreasing articles produced within the 
United States. The request for reconsideration included new facts.
    The Department of Labor has carefully reviewed the request for 
reconsideration and the existing record, and has determined that the 
Department will conduct further investigation to determine if the 
workers meet the eligibility requirements of the Trade Act of 1974.

Conclusion

    After careful review of the application, I conclude that the claim 
is of sufficient weight to justify reconsideration of the U.S. 
Department of Labor's prior decision. The application is, therefore, 
granted.

    Signed at Washington, DC, this 20th day of June 2016.
Hope D. Kinglock,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2016-16837 Filed 7-15-16; 8:45 am]
 BILLING CODE 4510-FN-P