Denied
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TAW-39806  /  Kysor Panel Systems (Portland, OR)

Petitioner Type: Unknown
Impact Date:
Filed Date: 08/13/2001
Most Recent Update: 11/30/2001
Determination Date: 11/30/2001
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,806

KYSOR PANEL SYSTEMS
A DIVISION OF ENODIS CORPORATION
PORTLAND, OREGON

Negative Determination Regarding Eligibility
To Apply for Trade 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 August 13, 2001 in response to a petition filed by L S W Local 2633 of Tacoma, Washington on behalf of workers at Kysor Panel Systems, a Division of Enodis Corporation, Portland, Oregon. The workers produce walk-in coolers and freezers.
The investigation revealed that criterion (3) has not been met.
The Department conducted a survey of the major declining customer of the subject company, regarding their purchases of walk-in coolers and freezers for 1999, 2000 and January through August 2000 and 2001.
The customer survey revealed that there were no foreign purchases of walk-in coolers or freezers from 1999 through August 2001.
Conclusion
After careful review, I determine that all workers of Kysor Panel Systems, a Division of Enodis Corporation, Portland, Oregon, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 30th day of November, 2001


/s/ Linda G. Poole

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