DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-41,646

TRINITY INDUSTRIES
BEAUMONT, TEXAS

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 eligi-
bility 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 June 17, 2002, in
response to a petition filed on behalf of workers at Trinity
Industries, Beaumont, Texas. The workers were engaged in
activities related to the production of covered hopper plastic
pellet railcars.

The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm did not
import hopper plastic pellet railcars during the relevant period.
The U.S. Department of Labor conducted a survey of the
subject firms' major customers regarding their purchases of
hopper plastic pellet railcars during the relevant period. The
survey revealed that none of the respondents increased their
import purchases of hopper plastic pellet railcars during the
relevant period.
Conclusion
After careful review, I determine that all workers at
Trinity Industries, Beaumont, Texas, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.

Signed in Washington, D.C. this 22nd day of August, 2002.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance