DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-39,947

MARTIN MARIETTA MAGNESIA SPECIALTIES, INC.
MANISTEE, MICHIGAN

Notice of Revised Determination
on Reconsideration
On June 17, 2002, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
will soon be published in the Federal Register.
On March 27, 2002 the Department initially denied TAA to
workers of Martin Marietta Magnesia Specialties, Inc., Manistee,
Michigan producing magnesium oxide and magnesium hydroxide
monolithics because the "contributed importantly" group
eligibility requirement of Section 222 of the Trade Act of 1974,
as amended, was not met.
On reconsideration, the Department of Labor conducted a
further survey of the subject plants' major declining customer(s)
regarding their purchases of magnesium oxide during the relevant
period. The survey revealed that a major customer increased
their imports of magnesium oxide, while reducing their purchases
from the subject firm during the relevant period.
Further review of company data supplied during the initial
investigation shows that the company increased their reliance on
imported magnesium oxide during the relevant period.
Imports of magnesium oxide contributed importantly to the
layoffs at the subject firm based on the combination of increased
reliance of imported magnesium oxide by a customer and the
company during the relevant period.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with magnesium oxide, contributed
importantly to the declines in sales or production and to the
total or partial separation of workers of Martin Marietta
Magnesia Specialties, Inc., Manistee, Michigan. In accordance
with the provisions of the Act, I make the following
certification:
"All workers of Martin Marietta Magnesia Specialties, Inc.,
Manistee, Michigan who became totally or partially separated
from employment on or after August 13, 2000 through two
years of this certification, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."

Signed in Washington, D.C. this day of July 2002.



____________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,947

MARTIN MARIETTA MAGNESIA SPECIALTIES, INC.
MANISTEE, MICHIGAN

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 sub-
division have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or ap-
propriate subdivision have contributed importantly to the
separations, or threat thereof, and to the absolute
decline in sales or production.

The investigation was initiated on September 4, 2001, in
response to a petition filed by the company and by United
Steelworkers of America local 14450 on behalf of workers at Martin
Marietta Magnesia Specialties, Inc., Manistee, Michigan. The
workers produced magnesium oxide and magnesium hydroxide
monolithics.


The investigation revealed that criterion (3) has not been
met.
The subject firm's imports of magnesium oxide and magnesium
hydroxide monolithics decreased during the period January through
July 2001, the period immediately prior to the layoffs, as compared
with the period January through July 2000.
The United States Department of Labor surveyed customers of
the subject firm. That survey revealed that those customers are
not increasing their imports of magnesium oxide and magnesium
hydroxide monolithics.
United States imports of both magnesium oxide (HTS 25199050)
and hydroxide and peroxide of magnesium (HTS 28161000) both
decreased during 2001 as compared with 2000.


Conclusion
After careful review, I determine that all workers of Martin
Marietta Magnesia Specialties, Inc., Manistee, Michigan, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.

Signed in Washington, D. C. this 27th day of March 2002.

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