DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,682
CUMMINS ENGINE COMPANY
FLEETGUARD/NELSON DIVISION
VIROQUA, WISCONSIN

and

TA-W-38,682A
CUMMINS ENGINE COMPANY
FLEETGUARD/NELSON DIVISION
BLACK RIVER FALLS, WISCONSIN


Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance


In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:

(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated,
or are threatened to become totally or partially
separated;

(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.



The investigation was initiated in response to a petition
received on February 12, 2001, filed by a company official, on
behalf of workers at Cummins Engine Company, Fleetguard/Nelson
Division, Viroqua and Black River Falls, Wisconsin. The workers are
engaged in the production of exhaust mufflers and filtration
products for automobiles.
A petition for NAFTA-Transitional Adjustment Assistance has
been filed on behalf of workers at the subject firm (NAFTA - 4534).
A decision on that petition will be made concurrently with this
determination.
This investigation revealed that sales, production, and
employment at the subject firm declined in the first-quarter of
2001 compared with the first-quarter of 2000. Investigative
findings also revealed that Cummins Engine Company, Fleetguard/
Nelson Division, Viroqua and Black River Falls, Wisconsin did not
import articles that were like or directly competitive with the
articles produced at the subject plant.
The U.S. Department of Labor conducted a survey of the sole
major customer of Fleetguard/Nelson regarding its purchases of
exhaust mufflers and filtration products in 1999, 2000, and the
first-quarter of 2001. The survey revealed that the respondent
reported no imports during the relevant period.
Conclusion
After careful review, I determine that all workers of Cummins
Engine Company, Fleetguard/Nelson Division, Viroqua and Black
River Falls, Wisconsin are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974.
Signed at Washington, D.C., this 19th day of June, 2001.
/s/ Edward A, Tomchick

______________________________
EDWARD A. TOMCHICK
Certifying Officer, Division of
Trade Adjustment Assistance