DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,698

RHI AMERICA
FARBER, 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 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 separat-
ed;

(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 23, 2001 in response
to a petition filed by the United Steelworkers Union of America
on behalf of workers at RHI America, Farber, Missouri. The
workers produce refractories for the steel making industry.
The investigation revealed that criterion (3) has not been
met.
This investigation has revealed that production of
refractories has been relocated entirely within the United
States.
The petitioner cites imports of steel as causing layoffs
within this petitioning group. The clause contained within
criterion #3 requires that the imported articles must be "like or
directly competitive with articles produced by the firm…" Thus,
imports of steel cannot be used as a basis for certification
under the Trade Act of 1974.
Conclusion
After careful review, I determine that all workers of RHI
America, Farber, Missouri are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 16th day of May, 2002.

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