DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,711

L&N METALLURGICAL PRODUCTS CO.
ELLWOOD CITY, 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 30, 2001, in
response to a petition filed on behalf of workers at L&N Metallurgical Products Co., Ellwood City, Pennsylvania, by a

representative of the Glass, Molders, Pottery, Plastics & Allied Workers International Union, and its Local 2B. The workers produce thermocouples. The investigation revealed that criterion (3) has not been met.
The Department conducted a survey of the subject firm=s major customers regarding their purchases of thermocouples during 1999, 2000 and January-June 2001. The survey revealed that customers did not increase imports of thermocouples during the relevant time period.
The petitioner states that there has been a decline in demand for thermocouples because of increased imports of steel. Consequently, imports of steel contributed to worker separations at the plant.
The Department must examine imports of articles like or directly competitive with the products produced by the workers. Thermocouples are electronic quality control measuring devices used to analyze the quality of steel. While thermocouples are used in the production of steel, they cannot be considered directly competitive with steel.


Conclusion
After careful review, I determine that all workers of L&N Metallurgical Products Co., Ellwood City, Pennsylvania, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 20th day of November, 2001


/s/ Linda G. Poole

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