DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,914

HARSCO TRACK TECHNOLOGIES
LUDDINGTON, 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 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 March 4, 2002, in
response to a petition filed on behalf of workers at Harsco
Track Technologies, Luddington, Michigan. The subject firm
workers produce railway maintenance equipment, tampers and
grinders.
The investigation revealed that criterion (3) was not met.
The subject firm did not import competitive products in the
relevant period.
Results of a survey conducted by the Department of Labor
revealed that none of the subject firm's major declining
customers purchased competitive imports in the relevant period.
Conclusion
After careful review, I determine that all workers at
Harsco Track Technologies, Luddington, Michigan, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 22nd day of April 2002.
/s/ Linda G. Poole
___________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance