DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,053

SGL CARBON CORPORATION
CARBON AND GRAPHITE UNIT
NIAGARA FALLS, NEW YORK

Certification 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. It is determined in this case that all of the requirements have been met.
The investigation was initiated in response to a petition received on April 16, 2001 and filed on behalf of workers at SGL Carbon Corporation, Carbon and Graphite Unit, Niagara Falls, New York. The workers produced specialty graphite mold stock.

The investigation revealed that sales and production decreased in January-April 2001 compared to the same period in 2000. Production worker employment decreased in 2000 compared to 1999 and in January-March 2001 compared to the same period in 2000.
The Department conducted a survey of the subject plant=s major declining customers regarding their purchases of specialty graphite in 1999, 2000 and January-April 2001 compared to the same period in 2000. The survey revealed that respondents accounting for a significant percentage of the subject plant=s sales decline increased their purchases of specialty graphite from foreign countries directly while decreasing their purchases from the subject plant in 2000 compared to 1999 and in January-March 2001 compared to the same period in 2000.
Conclusion
After careful review of the facts obtained in the investigation, I conclude that increases of imports of articles like or directly competitive with specialty graphite produced at SGL Carbon Corporation, Carbon and Graphite Unit, Niagara Falls, New York contributed importantly to the decline in sales or production and to the total or partial separation of workers of that firm. In accordance with the provisions of the Act, I make the following certification:


"All workers of SGL Carbon Corporation, Carbon and Graphite Unit, Niagara Falls, New York who became totally or partially separated from employment on or after March 29, 2000 through two years from the date of certification are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974."

Signed in Washington, D. C. this 31st day of August, 2001



/s/ Edward A. Tomchick .__________________________
EDWARD A. TOMCHICK
Certifying Officer, Division of
Trade Adjustment Assistance