DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,195

WELLMAN THERMAL SYSTEMS, INC.
SHELBYVILLE, INDIANA

Notice of Revised Determination
on Reconsideration

By letter of August 14, 2002, the company requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on July 11, 2002, based on the finding that
imports of electrical process heaters and controls did not
contribute importantly to worker separations at the Shelbyville,
Indiana plant. The denial notice was published in the Federal
Register on July 29, 2002 (67 FR 49038).
To support the request for reconsideration, the company
attempted to provide information to illustrate that foreign
competition impacted the subject workers. On further
clarification from the company it was discovered that a
competitor purchased certain assets of Wellman’s industrial grade
electrical process business and inventory. The company indicated
that the foreign company was attempting to penetrate the U.S.
marketplace. As a result of the asset sale, workers engaged in
the production of electrical process heaters and controls at the
subject firm were impacted.
The Department contacted the foreign company for further
clarification. The company indicated that they did purchase the
assets from Wellman and inventory from the subject firm. The
foreign company indicated that shortly after the asset purchase
they increased their U.S. imports of products “like and directly”
competitive with what the subject plant produced during the
relevant period. The products were also simultaneously imported
to some of the subject firm’s domestic customers.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Wellman
Thermal Systems, Inc., Shelbyville, Indiana contributed
importantly to the declines in sales or production and to the
total or partial separation of workers at the subject firm. In
accordance with the provisions of the Act, I make the following
certification:







"All workers of Wellman Thermal Systems, Inc., Shelbyville,
Indiana, engaged in the production of electrical process
heaters and controls, who became totally or partially
separated from employment on or after March 13, 2001 through
two years from the date 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 18th day of March 2003.

/s/ Edward A. Tomchick

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


Department of Labor

Employment and Training Administration

TA-W-41,195

WELLMAN THERMAL SYSTEMS, INC.
SHELBYVILLE, INDIANA

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 26, 2002 in response
to a petition filed by the United Auto Workers of America, Local
1793 on behalf of workers at Wellman Thermal Systems, Inc.,
Shelbyville, Indiana. The workers produce electrical process
heaters and controls.
The investigation revealed that criterion (3) has not been
met.


The investigation revealed that the subject firm did not
import electrical process heaters and controls during the relevant
period.
The Department of Labor conducted a survey of firms to which
the subject firm submitted bids for electrical process heaters and
controls. In each and every case, contracts were awarded to the
lowest domestic bidder.
A petition for eligibility to apply for NAFTA-Transitional
Adjustment Assistance filed by United Auto Workers of America,
Local 1793 on behalf of workers at the subject firm (NAFTA-5958),
was certified on June 21, 2002.
Conclusion
After careful review, I determine that all workers at Wellman
Thermal Systems, Inc., Shelbyville, Indiana engaged in employment
related to the production of electrical process heaters and
controls, are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 11th day of July, 2002.



_/s/Curtis K. Kooser________
Curtis K. Kooser
Certifying Officer, Division of
Trade Adjustment Assistance