DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,351

AP GREEN INDUSTRIES
MEXICO, MISSOURI

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 eligibility 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 on May 29, 2001 in response to a petition filed by the United Steelworkers of America, Local 790, on behalf of workers at AP Green Industries, Mexico, Missouri. The workers produce refractories.


The investigation revealed that criterion (3) has not been met.
Petitioners allege increased imports of steel led to worker separations at AP Green Industries. Increased imports of steel cannot be used as the basis for certification of workers producing refractories under the terms of the Trade Act of 1974. Imports of refractories must be considered as the basis for possible certification in this case.
The subject firm does not import products like or directly competitive with those produced at the Mexico, Missouri plant.
The Department of Labor surveyed major customers of the subject firm regarding their purchases of refractories in 1999-2000 and January to August, 2000-2001. Respondents reported very minimal imports in the relevant periods.
Conclusion
After careful review, I determine that all workers of AP Green Industries, Mexico, Missouri, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 12th day of October, 2001


/s/ Linda G. Poole

_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance