DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,811

CLARK ALABAMA, INC.
PELL CITY, ALABAMA

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 July 15, 2002 in
response to a petition filed by a company official on behalf of
workers at Clark Alabama, Inc., Pell City, Alabama. The workers
are engaged in the manufacture of industrial grade material
handling equipment sold through the company dealership network.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm did not
import articles like or directly competitive with the material
handling equipment produced by the Pell City plant.
The petition was filed in anticipation of future company
imports. These imports have not yet occurred, however, and thus
cannot serve as a basis for certification of worker eligibility.
Conclusion
After careful review, I determine that all workers of Clark
Alabama, Inc., Pell City, Alabama, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.

Signed at Washington, D.C., this 3rd day of September 2002.

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance