DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,239

ENERFLEX, INC.
CEDAR MOUNTAIN, NORTH CAROLINA


Notice of Revised Determination
on Reconsideration

By application of June 23, 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 based the fact that the workers did not produce an
article as required for certification under Section 222 of the
Trade Act. The denial notice was published in the Federal
Register on June 11, 2002 (67 FR 40004).
To support the request for reconsideration, the applicant
provided additional information explaining the support and
production functions performed by the subject workers. The
company also indicated that the subject workers were working
exclusively for a TAA certified facility.
Upon examination of the data supplied by the applicant, it
became apparent that the workers were engaged in activities
related to the production of an article. The workers were
contract workers engaged in the production of medical x-ray film
and the polyester base chemicals used in the manufacture of
medical x-ray film at Afga Corporation, Cedar Mountain, North
Carolina. The Afga plant was certified for Trade Adjustment
Assistance under TA-W-40,818 under Afga Corporation, Brevard,
North Carolina on March 31, 2002. The Brevard location is the
post office address of the Afga Corporation, the physical plant
is located in Cedar Mountain, North Carolina, the same location
as the subject firm workers.
Based on the decision in case TA-W-40,818 and data supplied
by the subject firm, it has become evident that all criteria have
been met for the Enerflex, Inc. contractors working at Afga
Corporation engaged in support and production activities at the
certified plant. Plant sales, production and employment declined
and Afga imports of film like or directly competitive with what
the subject plant produced increased 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 those produced at Afga
Corporation, Cedar Mountain, North Carolina contributed
importantly to the declines in the total or partial separation of
Enerflex, Inc., Cedar Mountain, North Carolina workers, who
performed work in direct support of the production of medical
x-ray film and the polyester base chemicals at the Afga plant.
In accordance with the provisions of the Act, I make the
following certification:
"Workers of Enerflex, Inc., Cedar Mountain, North Carolina
engaged in employment activities related to the production
of medical x-ray film and the polyester base chemicals at
Afga Corporation, Cedar Mountain, North Carolina, who became
totally or partially separated from employment on or after
March 29, 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 25th day of July 2002.

/s/ Edward A. Tomchick

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,239

ENERFLEX, INC.
CEDAR MOUNTAIN, NORTH CAROLINA

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.
The investigation was initiated in response to a petition
received on April 8, 2002, filed by the company on behalf of
workers at EnerFlex Inc., Cedar Mountain, North Carolina. The
workers are engaged in providing steam power supply services to an
unaffiliated firm.
The investigation revealed that the petitioners of EnerFlex
Inc., Cedar Mountain, North Carolina do not produce an article
within the meaning of Section 223(3) of the Act. The Department of
Labor has consistently determined that the performance of services
does not constitute production of an article, as required by
Section 222 of the Trade Act of 1974, and this determination has
been upheld in the U. S. Court of Appeals.



Therefore, workers of EnerFlex Inc., Cedar Mountain, North
Carolina, may be certified only if their separation was caused
importantly by a reduced demand for their services from a parent
firm, a firm otherwise related to the subject firm by ownership, or
a firm related by control. In any case, the reduction in demand
for services must originate at a production facility whose workers
independently meet the statutory criteria for certification and the
reduction must directly relate to the product impacted by imports.
These conditions have not been met for workers at EnerFlex Inc.,
Cedar Mountain, North Carolina.
Conclusion
After careful review, I determine that all workers of EnerFlex
Inc., Cedar Mountain, North Carolina, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.

Signed in Washington, D. C. this 23rd day of May, 2002.

/s/ Linda G. Poole
_________________________________

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