DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,322

NORTH AMERICAN REFRACTORIES
A SUBSIDIARY OF RHI HOLDINGS
INDIAN HILL PLANT
IONE, CALIFORNIA


TA-W-41,322A

NORTH AMERICAN REFRACTORIES
A SUBSIDIARY OF RHI HOLDINGS
IONE PLANT
IONE, CALIFORNIA

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 April 22, 2002 in response
to a petition filed on behalf of workers at North American
Refractories, Indian Hill Plant (TA-W-41,322) and North American
Refractories, Ione Plant (TA-W-41,322A), both located in Ione,
California. The workers produced refractories.
The investigation revealed that criterion (3) has not been
met.


The investigation revealed that the subject firm did not
import refractories.
The Department of Labor surveyed major customers of the
subject firm regarding their purchases of refractories from 2000 to
2002. All respondents reported no imports.
Petitioners allege that declines in production and employment
at North American Refractories are attributable to imports of steel
like that produced by customers of the subject firm. Imports of
final products such as steel cannot, however, be used as the basis
for certification of firms producing refractories under the Trade
Act of 1974. In this case, imports of refractories would be the
only basis for certification, and there is no allegation or
evidence that increased imports of refractories adversely affected
production or employment at North American Refractories.


Conclusion
After careful review, I determine that all workers at North
American Refractories, Indian Hill Plant (TA-W-41,322) and North
American Refractories, Ione Plant (TA-W-41,322A), both located in
Ione, California, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 2nd day of July, 2002.



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