DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,522

JLG INDUSTRIES INC.
BEDFORD, PENNSYLVANIA

Notice of Negative Determination
Regarding Application for Reconsideration

By application post marked March 1, 2002, a worker requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm. The denial notice was signed on January 14, 2002,
and published in the Federal Register on January 31, 2002 (67 FR
4749).
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 mis-
interpretation of facts or of the law justified
reconsideration of the decision.


The petition for the workers of JLG Industries Inc.,
Bedford, Pennsylvania was denied because the "contributed
importantly" group eligibility requirement of Section 222(3) of
the Trade Act of 1974, as amended, was not met. The "contributed
importantly" test is generally demonstrated through a survey of
customers of the workers' firm. The survey revealed that none of
the respondents increased their purchases of imported scissor
lift aerial work platforms, while decreasing their purchases from
the subject firm during the relevant period. The investigation
further revealed that the company did not import products like or
directly competitive with scissor lift aerial work platforms
produced at the subject firm during the relevant period.
The petitioner requested that the Department of Labor
examine the facts pertaining to the company opening up a new
plant located in Belgium that produces the same product as the
subject firm.
A review of the initial investigation shows that the Belgium
plant produced scissor lift aerial work platforms exclusively for
the European market.
The company also filed a request dated March 5, 2002 for
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for TAA. However,
the request was received beyond the 30 day requirement to apply
from the date the decision was published in the Federal Register.
That request expressed concerns that a major foreign
producer of products, like or directly competitive with what the
subject plant produced cut into the subject firm's market share
after the closure of the subject firm.
The survey conducted by the Department of Labor examines the
customer's purchases of products like or directly competitive
with what the subject plant produces during the relevant time
period. The survey requests information regarding customer's
purchases from the subject firm, purchases from other domestic
sources (including a breakout of imported products purchased from
other domestic sources) and purchases of imported products "like
or directly competitive" with what the subject plant produces.
The survey shows that the respondents reported simultaneous
declines in their purchases from the subject firm, other domestic
sources and imports, indicating that the layoffs at the subject
plant are a factor of reduced demand rather than "imports
contributing importantly" to the layoffs at the subject plant.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of


the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C. this 6th day of May 2002.

/s/ Edward A. Tomchick

EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance





DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-39,522

JLG INDUSTRIES INC.
BEDFORD, PENNSYLVANIA

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 July 2, 2001 in response
to a petition filed on behalf of workers at JLG Industries Inc.,
Bedford, Pennsylvania. The workers are engaged in the manu-
facture of scissor lift aerial work platforms.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that there were no company im-
ports of articles like or directly competitive with the scissor
lift aerial work platforms produced by JLG Industries Inc.,
Bedford, Pennsylvania.
The U.S. Department of Labor conducted a survey of major
customers of JLG Industries Inc., Bedford, Pennsylvania,
regarding their purchases of scissor lift aerial work platforms
in 1999, 2000, and January-September 2001. The survey revealed
that no respondent reported increasing its imports of scissor
lift aerial work platforms while decreasing purchases from the
subject firm during the relevant time period.


Conclusion
After careful review, I determine that all workers of JLG
Industries Inc., Bedford, Pennsylvania are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed at Washington, D.C., this 14th day of January, 2001.



/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance