DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,510

CHICAGO BRIDGE AND IRON
PROVO, UTAH

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 May 13, 2002 in response to
a petition filed by Boilermakers, Local 102, on behalf of workers
at Chicago Bridge and Iron, Provo, Utah. The workers produce steel
storage tanks.
The investigation revealed that criterion (3) has not been
met.


The petitioner alleges that declines in production and
employment at Chicago Bridge and Iron are attributable to imports
of steel affecting their suppliers. Imports of raw materials such
as steel cannot, however, be used as the basis for certification of
firms producing steel storage tanks under the Trade Act of 1974.
Imports of steel storage tanks would be the only basis for
certification, and there is no allegation or evidence that
increased imports of steel storage tanks adversely affected
production or employment at Chicago Bridge and Iron.
The investigation revealed that the subject firm did not
import steel storage tanks during the relevant period.
The subject firm markets its product by a competitive bidding
process. A departmental survey of the firms to which the subject
firm submitted bids revealed that no contract for the production
and installation of steel storage tanks was awarded to any foreign
firms.





Conclusion
After careful review, I determine that all workers at Chicago
Bridge and Iron, Provo, Utah, engaged in employment related to the
production of steel storage tanks, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C. this 6th day of August, 2002.

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