Denied
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TAW-41119  /  ADS Machinery Corp (Warren, OH)

Petitioner Type: Workers
Impact Date:
Filed Date: 03/25/2002
Most Recent Update: 06/18/2002
Determination Date: 06/18/2002
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,119

A?D?S MACHINERY CORP.
WARREN, OHIO

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 in response to a petition
received on March 25, 2002, and filed on behalf of workers at
A?D?S Machinery Corp., Warren, Ohio. The workers produce heavy
industrial equipment for steel mills.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that there were no company
imports of articles like or directly competitive with the heavy
industrial equipment for steel mills produced at A?D?S Machinery
Corp., Warren, Ohio.
The U.S. Department of Labor conducted a survey of major
customers of A?D?S Machinery Corp., Warren, Ohio, regarding their
purchases of heavy industrial equipment for steel mills in 2000,
2001, and the first-quarter of 2002. The survey revealed that
no respondent reported importing heavy industrial equipment for
steel mills while decreasing purchases from the subject firm
during the relevant period.
The petitioners assert that imported steel has caused many
of the steel mills to file bankruptcy. Consequently, none of
the mills are buying equipment. The Department is required to
examine imports of articles like or directly competitive with
those produced at the subject firm. In this case, the
petitioning workers produced steel mill equipment, not finished
steel.



Conclusion
After careful review, I determine that all workers of A?D?S
Machinery Corp., Warren, Ohio, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed at Washington, D.C., this 18th day of June, 2002.

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