DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,508

AMERICAN METER COMPANY
ERIE, PENNSYLVANIA

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 eli-
gibility 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 sub-
division have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or ap-
propriate 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 May 13, 2002, filed by American Meter Company, Erie,
Pennsylvania. The workers produced medium and large diaphragm
meters.
The investigation revealed that criteria (2) and (3) have not
been met.
The subject firm's sales increased during the first eight
months of this year as compared with the same time period of last
year.
The subject firm does not import medium or large diaphragm
meters.
The investigation further revealed that the preponderance in
the layoffs at the subject firm is related to a planned shift in
plant production to a foreign source during October 2002, beyond
the relevant period of this investigation. The company plans to
import diaphragm meters back to the United States at that time.
A petition for NAFTA-Transitional Adjustment Assistance has
been filed on behalf of workers at the subject firm (NAFTA-6353).
A determination on that petition will be made concurrently with
this determination.
Conclusion
After careful review, I determine that all workers of American
Meter Company, Erie, Pennsylvania, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 10th day of September 2002.


/s/ Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance