DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,658
TAYLOR WHARTON
HARSCO GAS & FLUID CONTROL
HARRISBURG, 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 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 on July 16, 2001, in response to a petition filed by the United Steelworkers of America, Local 1688, on behalf of workers at Taylor Wharton, Harsco Gas & Fluid Control, Harrisburg, Pennsylvania. The workers were engaged in the production of high pressure gas cylinders.
The investigation revealed that criterion (3) has not been met.
The subject firm does not import high pressure gas cylinders from abroad.
The investigation further revealed that the subject facility produced primarily for the export market.
The dominant factor related to the declines in sales at the subject firm is due to decreased purchases from Taylor Wharton's foreign customers.
A petition for eligibility for NAFTA-Transitional Adjustment Assistance has been filed on behalf of the same group of workers at the subject firm, NAFTA-5065.
Conclusion

After careful review, I determine that all workers of Taylor Wharton, Harsco Gas & Fluid Control, Harrisburg, Pennsylvania, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 9th day of January, 2002.

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